Missouri Court Says Employer Not Liable for Truck Driver Stabbing

July 28, 2012 (Press-News.org) Trucking companies can be held liable after a semi accident for a variety of reasons, including a failure to provide proper training to drivers or encouraging them to violate hours-of-service rules. Accident-related injuries that are caused by an employer's negligence are subject to a personal injury claim for damages.

Employers can also be held accountable for negligent hiring if they employ drivers who have a history of alcohol abuse or other problems that could lead to a truck accident. A recent Missouri Court of Appeals case involved an interesting twist on this theory of liability: a lawsuit against a trucking company whose driver stabbed another driver at a truck stop on I-40 after a road rage incident.

The two drivers were travelling north when the defendant attempted to move into the right lane ahead of the plaintiff, then made an obscene gesture when he thought the other would not allow him to merge. Both drivers soon exited at the same truck stop.

The defendant confronted the plaintiff in the parking lot, where the plaintiff explained that he could not slow down due to following traffic. After cursing, the defendant stabbed the plaintiff in the chest, causing serious injuries that ultimately prohibited him from returning to work.

The plaintiff sued both the driver and his employer for negligence, negligent hiring and assault. The trucking company moved for summary judgment, and the trial court decided that the defendant's actions were too outrageous to be within the course and scope of his employment.

The plaintiff appealed, arguing that road rage is a well-known hazard of truck driving and that the trucking company was aware of its drivers' propensities for road rage. The appellate court disagreed, noting that the stabbing took place outside the truck and was not "in furtherance of the employer's interests but rather with the personal goal of exacting revenge, which further removes the conduct from the realm of employment."

Advising Injured Workers About Third-Party Liability Claims

Most workers who are injured while on the job are well aware of their eligibility for workers' compensation for medical expenses, lost income and permanent disability. A personal injury attorney can also advise clients about the potential to seek compensation from a contractor, trucking company, equipment manufacturer or other third party whose negligence led to the injury.

Article provided by Adler & Manson
Visit us at www.adlerandmanson.com