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Case of the Month

West's® Jury Verdicts - Nevada Reports

Truck Operator Overloads Vehicle, Causes Rear-End Collision

Seastrunk v. Blake

Type of Case:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Passenger
Vehicle Negligence - Truck
Vehicle Negligence - Parked/Stalled/Stopped Vehicle
Vehicle Negligence - Excessive Speed
Vehicle Negligence - Inattention
Negligent Hiring & Supervision - Negligent Supervision
Vicarious Liability

Specific Liability:
Driver overloaded tractor trailer, causing rear-end collision and injuries to driver, passengers

General Injury:
Unspecified personal injuries; medical expenses; lost wages

Jurisdiction:
State: Nevada
Court: District Court of Nevada, Clark County.

Related Court Documents:
Plaintiff Seastrunk's complaint: 2011 WL 11413967
Plaintiffs Turner's amended complaint: 2012 WL 9937410
Plaintiff Velma Turner's offer of judgment: 2013 WL 6409331
Plaintiff Lamar Turner's offer of judgment: 2013 WL 6431988
Judgment re Velma Turner: 2013 WL 6431994
Judgment re Lamar Turner: 2013 WL 6431988


Case Name:
Exie Seastrunk v. Wade Blake, individually; City of Las Vegas; Does I through V, inclusive; and Roe corporations I through V, inclusive; Lamar Turner and Velma Turner v. Wade Blake; City of Las Vegas; Doe individuals I through 10; Roe corporations 11 through 20; and ABC limited liability companies 21 through 30, inclusive

Docket/File Number:
A647455, A650600

Result Amount:
Plaintiffs Turner, $87,744.00

Result Date:
Oct. 2, 2013

Judge:
Jerry A. Wiese

Attorneys:
Plaintiffs (Turner): Brian D. Nettles and Joel S. Hengstler, Nettles Law Firm, Henderson, Nev.

Plaintiff (Seastrunk): Geraldine Kirk-Hughes and Judith H. Braecklein, Kirk-Hughes and Associates, Las Vegas, Nev.

Defendants: Daniel A. Still, City Attorney-Las Vegas, Las Vegas, Nev.; Bradford R. Jerbic and James W. Erbeck, Las Vegas, Nev.

Result Type:
Settlement

Experts:
Not reported.

Breakdown of Award:
49,383.00 to plaintiff Velma Turner for damages
$38,361.00 to plaintiff Lamar Turner for damages

Summary of Facts:
In March 2010 Exie Seastrunk drove a 2008 Mercedes-Benz S550 east on West Cheyenne in Clark County, Nev. Seastrunk claimed that her vehicle, which was stopped at a red light, was rear-ended by a tractor trailer truck operated by Wade Blake in the course and scope of his employer, the city of Las Vegas, which owned the tractor trailer. Blake allegedly stated that the brakes on the truck failed to operate properly, causing the collision. According to Seastrunk, following the accident, the police caused the truck to be weighed and determined it was overweight by 15,520 pounds on the tandem axles and by 17,680 on its inner bridge. She said the truck was also operating on public roads without the required over-dimensional permit.

Lamar and Velma Turner were passengers in Seastrunk's vehicle at the time of the accident.

Seastrunk sued Blake and the city in Clark County District Court in August 2011, claiming the city knew or should have known the vehicle was excessively overweight and that the excess weight would decrease the vehicle's braking efficiency and the vehicle's ability to stop. Further, the plaintiff alleged the city was responsible for hiring, screening, training and supervising its employees and for the maintenance and the safe performance of all of its equipment. The plaintiff claimed Blake drove in a negligent, careless, reckless and wanton manner and caused the collision with the plaintiff.

Seastrunk allegedly suffered injuries as a result of the collision and sought damages for her injuries and medical expenses in the amount of $15,877.36.

The Turners also sued Blake and the city in a separate lawsuit, case number A650600, and alleged Blake supervised and/or was responsible for the loading of the tractor trailer. The Turners alleged Blake was negligent in failing to decrease his speed and stop at a safe distance and failing to use due care in operating his truck. The plaintiffs also alleged Blake was negligent per se in violating Nev. Rev. Stat. 484.363, regarding vehicle speed, and Nev. Rev. State. 484D.630, regarding vehicle weight. Against the city, the plaintiffs alleged vicarious liability and negligent hiring, training, supervision and retention. The plaintiffs claimed they were injured in the accident and sought damages for their injuries, medical expenses and lost income. Plaintiff Lamar Turner sought $19,316.36 for his medical expenses and $7,323 for his lost wages, and Velma sought $33,219.19 for her medical expenses and $9,475.81 for her lost wages.

The plaintiffs' cases were consolidated.

In August 2013 Seastrunk stipulated to dismiss her case against the defendants.

The same month, Velma offered to settle her claims for $49,999 and Lamar offered to settle his claims for $39,999. According to court records, pursuant to the offers of judgment, which were accepted, the court entered judgment in favor of Lamar in the amount of $38,361 and in favor of Velma in the amount of $49,383 against both defendants.

Court: District Court of Nevada, Eighth Judicial District, Clark County.

Westlaw Citation:
2013 WL 6869997



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