Rozell v. Hoover

On September 14, 2009, Plaintiff Rozell, an over-the-road truck driver offered to assist another trucker, Defendant Hoover, with apparently locked brakes on Hoover's flatbed dovetail-end trailer. With Hoover's knowledge, Mr. Rozell crawled under the trailer, located the air leak which was causing the brakes to lock up, and pressed his thumb over the leak. This allowed the system to pressurize, thereby releasing the brakes. Immediately upon release, Hoover shifted into gear and began to pull forward, despite Rozell's shouting to tell him to stop. Mr. Rozell managed to roll just enough to avoid the trailer's wheels, but the low-hanging dovetail at the rear of the trailer caught him, rolled and compressed him between the metal and the concrete parking lot surface.

Mr. Rozell suffered multiple crush injuries to the torso, fractured ribs, fractures of transverse vertebral processes at L1-L5. He currently suffers from severe chronic permanent pain in his hip, knees and back. His medical expenses were over $34,000, and lost wages during recovery were nearly $50,000. The parties agreed to mediation, and the case settled for a confidential amount on July 19, 2011.


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