The settlement sends a message to the trucking industry that poorly maintained and overloaded trucks that injure or kill innocent people will cost you.
Online PR News – 08-June-2018 – San Jose, CA – The law firm of Corsiglia, McMahon & Allard is announcing the settlement of a wrongful death lawsuit for $3.75 million (Santa Cruz County Superior Court, Case No. 17CVO2758). The defendants in the case, Destination Anywhere Trucking and to a lesser degree Granite Construction were held responsible for the death of 30-year-old Yadvinder Singh. Mr. Singh was killed on July 17, 2017, when the Destination Anywhere Super Dump truck blew a tire on Highway 33. The sudden front passenger side tire blowout caused the truck to veer off the road, overturn, and kill Mr. Singh.
In the case of Destination Anywhere, the trucking company agreed to pay $2.75 million for its part in Mr. Singh's death. The legal team of Robert Allard and Mark Boskovich determined that Destination Anywhere failed to conduct a mandatory 90-day inspection on the truck, just two days before the fatal crash. It was a fact admitted by an expert for Destination Anywhere. If they had done the inspection, according to a trial brief filed by Boskovich, the company would have discovered that the right front tire tread was well below the legal limit and the tire would require replacement before the truck could go on the road again. The Allard/Boskovich duo also learned that prior Destination Anywhere 90-day reports exhibited a pattern of "pencil whipping," a practice that marks the report with all positive checkmarks. Lastly, plaintiff counsel were ready to show that Destination Anywhere registered Mr. Singh's truck to carry more than ten percent of the vehicle's legal weight.
For its part, Destination Anywhere in its trial brief stated that it was prepared to blame Mr. Singh by arguing that Mr. Singh had an obligation to conduct Daily Vehicle Inspection Reports twice a day and that Mr. Singh marked the tire in good condition on every report. Destination Anywhere was also prepared to state that Mr. Singh had leased the truck from Destination Anywhere and that all maintenance was his responsibility. They were also going to blame Mr. Singh for braking when the tire blew out and losing control of his truck, as the CHP wrote in its report.
In holding Granite Construction partly to blame, Boskovich found that the company overloaded Mr. Singh's truck nine times on that fatal day. Despite the fact that Granite Construction argued that Mr. Singh was to blame for leaving their quarry overloaded with sand and that the industry practice is to overload trucks, the Watsonville-based company agreed to pay one million dollars instead of putting the facts before a jury.
In securing $3.75 million for the widow and two young children of Mr. Singh, Allard and Boskovich ensured that Mr. Singh's widow would have the monetary funds to get medical care for her chronic kidney condition while his children would have the funds to attend college and achieve the dreams that Mr. Singh had for his kids. He wanted one to be a doctor and the other to be a businessman.
Corsiglia, McMahon & Allard has successfully litigated more than a dozen cases against trucking companies resulting in verdicts and settlements of more than $100 million while helping those left harmed or without a loved one in a position to better heal from their loss.