David Rheney Obtains Defense Verdict in Trucking Negligence Case

David Rheney of Gallivan, White and Boyd in Greenville, SC obtained a defense verdict in August Ruhren v. Hogan Dedicated Leasing, a trucking negligence case in the Anderson Division of United State District Court. The plaintiff was the manager of a Fred's store in Anderson, SC. At the time of the accident the driver of the Hogan rig was backing the trailer to the stockroom doors. Unknown to the him the plaintiff was attempting to assist him in backing by use of hand signals from behind the trailer. However, he had not told the driver he would be assisting him and the driver did not ask for his help. The driver was unable to see the plaintiff in his rearview mirrors while backing because he had to jacknife the rig around a portion of the building to get to the stockroom doors, and did not know the plaintiff was between the rear of the trailer and the building. The driver backed until he felt the trailer touch the doors, stopped and got out to check where the trailer was so he could adjust it as needed. It was then that he learned from a co-employee of the plaintiff that the plaintiff's hand had been crushed between the trailer and the stockroom doors, causing permanent injury and disfigurement to the hand and arm,. Among other allegations the plaintiff alleged the driver was negligent in backing too fast and without using his rearview mirrors so that he could see the plaintiff. The driver, who was dismissed as a defendant shortly before trial, and Hogan alleged the plaintiff was comparatively negligent and assumed the risk of injury by placing himself between the trailer and the stockroom doors without telling the driver he would be there. The jury deliberated for four hours before returning a verdict finding the plaintiff 70% at fault in causing the accident and his injuries. Because he was found more than 50% at fault he was barred from any recovery from the defendant.