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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Domina Law Group pc llo - Wrongful Death and Commercial Trucks: Risks. Reasons. Remedies. The Interstate, Other Highways and Truck Tractor-Trailer Collisions

The enormous size and power of tractors and trailers make collisions catastrophic. Tractors and trailers are driven by highly regulated drivers, working for highly regulated operators and equipment owners.

Federal Motor Vehicle Safety Standards Trucking Regulations are designed to keep the highways safe. Only the regulations can give both commercial trucks, which might weigh as much as 80,000 pounds, no greater than equalizing stature on the highway with sedans, passenger cars, sports utility vehicles and pickups.

Truck driving can be monotonous. It requires long hours, long trips, long periods of concentration and constant attention. These are not just expectations; they are requirements for commercial truck drivers.

Commercial trucking companies must investigate their drivers, monitor their work, require compliance with the law, including stringent log keeping requirements, and monitor their operations.

Most over-the-road companies equip their vehicles with satellite tracking equipment to help assure strict driver compliance with the law. Log books, also legally required, are carefully monitored and reviewed by a cautious company.

Drivers, working for quality companies, are medically fit – not just certified okay. Medical short and long forms should disclose all pertinent medical history, driver risks, medications and other limitations. Biennial fitness tests and medical certifications are required.

Failure in any of these areas – driver attention, owner observation and monitoring, owner hiring practices, driver compliance, equipment quality – can cause fatal accidents.

Domina Law Group pc llo has handled tractor trailer collisions on major U.S. interstates from southern Border States to the upper Midwest. Knowing the rules, understanding the industry and knowing what to look for are essential to help an injured person, or the family of someone killed in a truck collision, to be treated fairly. We do our best to get compensation for our clients’ injuries. While doing so, we strive to understand our adversaries. This is especially true of the trucking business.

May 3, 2011

Categories: Wrongful Death

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