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· 3/31/2009

Burke v. TransAm Trucking, Inc.

Citations

  • 605 F. Supp. 2d 647
  • 2009 U.S. Dist. LEXIS 30603
  • 2009 WL 827765

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “based on [the driver’s] experience and training, a jury could find that he consciously appreciated the risk of harm that could result by traveling twenty miles an hour over the speed limit in a tractor trailer while approaching a ‘blind’ curve.”
  • denying defendant’s motion for summary judgment because violation of FMCSRs presented material issue of fact on issue of punitive damages
  • allegation that driver operated vehicle in violation of Federal Motor Carrier Safety Regulations could substantiate a claim for punitive damages; declining to grant summary judgment because evidence was conflicting
  • “Given our finding that Plaintiffs’ punitive damages claims go forward, we find summary judgment on Plaintiffs’ negligent hiring, supervision, monitoring and entrustment claims inappropriate at this stage in the proceedings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard P. Conaboy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.