HUNTINGTON — A Cabell County jury found in favor of the defendant in a case against Daimler Trucks North America for the 2010 death of three individuals in an accident on Interstate 64.
The jury reached its verdict Aug. 23, agreeing with Daimler, which is formerly known as Freightliner LLC, that its truck was not defective or negligently designed. The jury answered two questions on the verdict form in favor of the defendant.
Wanda Frances Lawrence filed the lawsuit against Christopher S. Grizzell, the personal representative of the estate of Christopher W. Rodgers; Daimler; and LTD Logistics on Oct. 11, 2011.
Lawrence filed the suit on behalf of Wayne Richard Lawrence Jr., Ginger Elaine Lawrence and Kelsie Emily Lawrence.
On April 7, 2010, Grizzell was operating a 1996 Oldsmobile Cutlass Supreme, Rodgers was operating a 2004 Chevrolet Malibu and Wayne Richard Lawrence Jr. was operating a 2009 Freightliner Columbia truck tractor that was owned by LTD Logistics and manufactured by Daimler.
Ginger Elaine Lawrence and Kelsie Emily Lawrence were passengers in the Freightliner with Wayne Richard Lawrence Jr., according to the suit.
Wanda Lawrence claimed when Grizzell attempted to switch lanes, Rodgers' vehicle collided into his, causing both vehicles to travel across the westbound lanes of Interstate 64, through the median and cable barrier and into the path of the Lawrence vehicle.
Grizzell and Rodgers' vehicles collided with the Lawrence vehicle, impacting at or near the fuel tank, according to the suit.
Wanda Lawrence claimed as a result of the impact, the fuel tank was breached and diesel fuel escaped, causing an explosion that engulfed the truck's cab in flames.
After the impact, the Freightliner continued on the interstate until it struck a guardrail.
Rodgers died at the scene, while the bodies of Wayne Lawrence, Ginger Lawrence and Kelsie Lawrence were found, showing that they had died at the scene from severe burns and smoke inhalation.
Grizzell caused his vehicle to collide with Rodgers' vehicle, thereby triggering the chain of events ultimately leading to the collision with the Lawrence vehicle, according to the suit.
The defendants failed to operate their vehicles, were negligent and caused the wrongful deaths of the Lawrences, according to the suit.
Wanda Lawrence claims the Freightliner truck was not reasonably safe for its intended use due to the placement of the battery system and/or lack of battery cut-off system.
The defendants' actions caused the deaths of the Lawrences' and caused the plaintiff's family mental anguish and loss of services, protection, care and assistance provided, according to the suit.
Wanda Lawrence was seeking compensatory and punitive damages.
Lawrence was represented by Scott Segal of the Segal Law Firm in Charleston and Dino Colombo of Colombo Law in Morgantown. Daimler was represented by Melissa Foster Bird and Darin Lang of Nelson Mullins Riley & Scarborough.
The case was presided over by Circuit Judge Chris Chiles.
Cabell Circuit Court case number: 11-C-757