Dexter Pascua, et al. v. Moorman Farms Inc., et al.

Case Number: 1:24-cv-00121

Judge: Douglas R. Cole

Court: United States District Court for the Southern District of Ohio (Hamilton County)

Plaintiff's Attorney:

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Defendant's Attorney: David R. Hudson and Molly E. Davis

Description:

Cincinnati, Ohio personal injury truck wreck lawyers represented the Plaintiff on auto negligence theories.

This case was filed in the Hamilton County Common Pleas Court, A 2400712, and were removed to federal court by the Defendants.

Moorman Transportation located in Utica, Ky. near Owensboro, Ky., operates a fleet of semis to deliver goods locally and across the Central United States. Our local division provides daily at home shifts. Our regional division hauls bulk-pneumatic and liquid tanks that run through the Midwest.

Ohio's comparative negligence law allows an injured party to recover damages for an accident, even if they were partially at fault:

Definition of negligence

Negligence is when someone fails to act with the same care as a reasonable person in a given situation, resulting in injury or damage to another person.

Damages

The injured party's damages are reduced by their percentage of fault. For example, if an injured party is 30% at fault, they recover 70% of their damages.

Exceptions

If the injured party is 51% or more at fault, they cannot recover any compensation.

Application

This law is most often used in automobile accidents, but can also apply to other accidents.

Negotiation

The injured party can negotiate with the insurance company to try to convince them that they should be attributed less fault.

Ohio uses a fault-based system, which means that the driver who caused the accident is responsible for paying for the damages.

Some factors that can be used to determine fault include:

Eyewitness testimony
Video evidence, such as dash cam footage
Data from the vehicle's event data recorder (EDR) or black box
Photographic evidence of skid marks, traffic conditions, and vehicle damage
Accident reconstruction

Outcome: Settled and voluntarily dismissed.

Plaintiff's Experts:

Defendant's Experts:

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