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Date: 12-13-2022
Case Style:
Brittany Yaple v. Jakel Trucking, LLC and Christopher James Erion
Case Number: 21-cv-2045
Judge: Julie A. Robinson
Court: United States District Court for the District of Kansas (Wyandotte county)
Plaintiff's Attorney:
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Defendant's Attorney: Daniel H. Diepenbrock
Description: Kansas City, Kansas personal injury lawyer represented Plaintiff, who sued Defendant on an auto negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by Jackel Trucking's driver
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Plaintiffs Brittany Yaple, individually and as heir-at-law of John Brian Yaple, and Ralph Yaple, as the Administrator of the Estate of John Brian Yaple, brought negligence claims under Kansas law in this diversity action against Defendants Jakel Trucking, Inc. and Christopher J. Erion arising out of a motor vehicle accident.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
On May 14, 2019, John Brian Yaple (“Decedent”) died at the age of forty-seven as a result of a collision with a Jakel Trucking LLC (“Jakel Trucking”) tractor-trailer operated by Defendant Christopher J. Erion. Plaintiff Brittany Yaple is the sole surviving adult child of Decedent. Ralph Yaple is the Administrator of Decedent's estate.
At the time of the accident, Erion was employed by Jakel Trucking and was acting in the course and scope of his employment. Erion applied for a job with Jakel Trucking as a driver on January 24, 2019, and again on February 5, 2019. At the time he applied, Erion did not have a Class A commercial driver's license (“CDL”). His only commercial driving experience was driving a straight truck; he had no experience driving a tractor-trailer. Erion obtained a Class A CDL in late January or early February 2019, through the State of Minnesota.
On the night of May 13, 2019, Erion slept in the sleeper cab of the tractor-trailer overnight in La Cygne, Kansas. He woke up sometime between 4:00 and 5:00 a.m. the next morning to begin his haul job. Erion called his wife and then completed a 10-15 minute pre-trip inspection of the tractor-trailer. During the inspection, Erion looked for mechanical issues, safety issues, tire issues, loose or missing parts, and burnt-out lights. Erion testified at his deposition that he found no issues that needed to be addressed before his trip; he believed his brakes were in safe condition.
The wreck occurred around 5:35 a.m. on May 14, 2019. Erion was traveling westbound on K-68 Highway in Franklin, County, Kansas, when he struck a deer crossing the road while traveling at approximately 65 mph. Erion locked up his brakes and began an uncontrolled skid. Before hitting the deer, Erion steered left to avoid hitting it, which caused the front of the tractor to spin counterclockwise and impact the south guard rail of the Hickory Creek Bridge. This impact redirected the semi-tractor, facing it eastbound, into a jackknifed position with the attached trailer covering both lanes of travel. The tractor-trailer became wedged at the entrance of the bridge-the cab on the south side of the bridge and the rear wheels of the trailer on the north side of the bridge. Decedent's 1995 Ford F-150 pickup truck crashed into the rear of the trailer, resulting in Decedent's death. The accident took place at a relative flat spot on the highway with no sight obstructions to drivers coming from the east or west. Decedent's truck became engulfed in flames after impacting the tractor-trailer.[9]
Although the posted speed limit on K-68 Highway where the accident occurred was 65 mph, the posted speed limit is not necessarily an appropriate safe speed. According to one of Plaintiffs' experts, 65 mph is too fast for a heavy duty tractor-trailer on a rural road in the dark, with sections of wooded environment, and an empty trailer that usually requires a greater stopping distance. When Erion saw the deer, he should have recognized it as a hazard and applied an appropriate driving defense that focused on maintaining his lane of travel by steering appropriately and maintaining control of his vehicle, rather than panic-braking and steering in a manner to avoid hitting the deer.
The Kansas Highway Patrol arrived at the scene of the accident after it happened. Erion completed and passed both a field sobriety test from Officer Stanley at the scene, and breath alcohol and urine tests at Ransom Memorial Hospital. Erion does not recall being contacted by the Kansas Highway Patrol for additional information after the accident.
The 2009 Volvo Tractor is equipped with a Bendix EC-60 Antilock Braking System/Automatic Traction Control unit. There were multiple active trouble or fault codes related to the automatic break system (“ABS”) on Erion's tractor-trailer before, at the time of, and after the March 14, 2019 accident. “When an error is detected by the self-testing program, the EC-60 controller will illuminate the appropriate indicator lamp and place related trouble code information in the ECU's memory.”[10]...
Defendants moved for summary judgment on the issue of punitive damages.
Summary judgment is appropriate if the moving party demonstrates that there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law.[1] In applying this standard, the court views the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party.[2] “There is no genuine issue of material fact unless the evidence, construed in the light most favorable to the non-moving party, is such that a
reasonable jury could return a verdict for the non-moving party.”[3] A fact is “material” if, under the applicable substantive law, “it is essential to the proper disposition of the claim.”[4] “An issue of fact is ‘genuine' if ‘the evidence is such that a reasonable jury could return a verdict for the non-moving party on the issue.'”[5]
Finally, summary judgment is not a “disfavored procedural shortcut”; on the contrary, it is an important procedure “designed to secure the just, speedy and inexpensive determination of every action.”[6] In responding to a motion for summary judgment, “a party cannot rest on ignorance of facts, on speculation, or on suspicion and may not escape summary judgment in the mere hope that something will turn up at trial.
Outcome: MEMORANDUM AND ORDER granting 49 Defendants' Motion for Partial Summary Judgment on Plaintiff's Claims for Punitive Damages.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney: Daniel H. Diepenbrock
Description: Kansas City, Kansas personal injury lawyer represented Plaintiff, who sued Defendant on an auto negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by Jackel Trucking's driver
Plaintiffs Brittany Yaple, individually and as heir-at-law of John Brian Yaple, and Ralph Yaple, as the Administrator of the Estate of John Brian Yaple, brought negligence claims under Kansas law in this diversity action against Defendants Jakel Trucking, Inc. and Christopher J. Erion arising out of a motor vehicle accident.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
On May 14, 2019, John Brian Yaple (“Decedent”) died at the age of forty-seven as a result of a collision with a Jakel Trucking LLC (“Jakel Trucking”) tractor-trailer operated by Defendant Christopher J. Erion. Plaintiff Brittany Yaple is the sole surviving adult child of Decedent. Ralph Yaple is the Administrator of Decedent's estate.
At the time of the accident, Erion was employed by Jakel Trucking and was acting in the course and scope of his employment. Erion applied for a job with Jakel Trucking as a driver on January 24, 2019, and again on February 5, 2019. At the time he applied, Erion did not have a Class A commercial driver's license (“CDL”). His only commercial driving experience was driving a straight truck; he had no experience driving a tractor-trailer. Erion obtained a Class A CDL in late January or early February 2019, through the State of Minnesota.
On the night of May 13, 2019, Erion slept in the sleeper cab of the tractor-trailer overnight in La Cygne, Kansas. He woke up sometime between 4:00 and 5:00 a.m. the next morning to begin his haul job. Erion called his wife and then completed a 10-15 minute pre-trip inspection of the tractor-trailer. During the inspection, Erion looked for mechanical issues, safety issues, tire issues, loose or missing parts, and burnt-out lights. Erion testified at his deposition that he found no issues that needed to be addressed before his trip; he believed his brakes were in safe condition.
The wreck occurred around 5:35 a.m. on May 14, 2019. Erion was traveling westbound on K-68 Highway in Franklin, County, Kansas, when he struck a deer crossing the road while traveling at approximately 65 mph. Erion locked up his brakes and began an uncontrolled skid. Before hitting the deer, Erion steered left to avoid hitting it, which caused the front of the tractor to spin counterclockwise and impact the south guard rail of the Hickory Creek Bridge. This impact redirected the semi-tractor, facing it eastbound, into a jackknifed position with the attached trailer covering both lanes of travel. The tractor-trailer became wedged at the entrance of the bridge-the cab on the south side of the bridge and the rear wheels of the trailer on the north side of the bridge. Decedent's 1995 Ford F-150 pickup truck crashed into the rear of the trailer, resulting in Decedent's death. The accident took place at a relative flat spot on the highway with no sight obstructions to drivers coming from the east or west. Decedent's truck became engulfed in flames after impacting the tractor-trailer.[9]
Although the posted speed limit on K-68 Highway where the accident occurred was 65 mph, the posted speed limit is not necessarily an appropriate safe speed. According to one of Plaintiffs' experts, 65 mph is too fast for a heavy duty tractor-trailer on a rural road in the dark, with sections of wooded environment, and an empty trailer that usually requires a greater stopping distance. When Erion saw the deer, he should have recognized it as a hazard and applied an appropriate driving defense that focused on maintaining his lane of travel by steering appropriately and maintaining control of his vehicle, rather than panic-braking and steering in a manner to avoid hitting the deer.
The Kansas Highway Patrol arrived at the scene of the accident after it happened. Erion completed and passed both a field sobriety test from Officer Stanley at the scene, and breath alcohol and urine tests at Ransom Memorial Hospital. Erion does not recall being contacted by the Kansas Highway Patrol for additional information after the accident.
The 2009 Volvo Tractor is equipped with a Bendix EC-60 Antilock Braking System/Automatic Traction Control unit. There were multiple active trouble or fault codes related to the automatic break system (“ABS”) on Erion's tractor-trailer before, at the time of, and after the March 14, 2019 accident. “When an error is detected by the self-testing program, the EC-60 controller will illuminate the appropriate indicator lamp and place related trouble code information in the ECU's memory.”[10]...
Defendants moved for summary judgment on the issue of punitive damages.
Summary judgment is appropriate if the moving party demonstrates that there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law.[1] In applying this standard, the court views the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party.[2] “There is no genuine issue of material fact unless the evidence, construed in the light most favorable to the non-moving party, is such that a
reasonable jury could return a verdict for the non-moving party.”[3] A fact is “material” if, under the applicable substantive law, “it is essential to the proper disposition of the claim.”[4] “An issue of fact is ‘genuine' if ‘the evidence is such that a reasonable jury could return a verdict for the non-moving party on the issue.'”[5]
Finally, summary judgment is not a “disfavored procedural shortcut”; on the contrary, it is an important procedure “designed to secure the just, speedy and inexpensive determination of every action.”[6] In responding to a motion for summary judgment, “a party cannot rest on ignorance of facts, on speculation, or on suspicion and may not escape summary judgment in the mere hope that something will turn up at trial.
Outcome: MEMORANDUM AND ORDER granting 49 Defendants' Motion for Partial Summary Judgment on Plaintiff's Claims for Punitive Damages.
Plaintiff's Experts:
Defendant's Experts:
Comments: