$500,000: Electrical Contractor Struck By Catering Truck

June 7, 2010

CASE DESCRIPTION:  The defendant was driving a borrowed catering truck when he hit the plaintiff who was a pedestrian at the time.  The defendants disputed liability due to the driver operating a borrowed vehicle.

RESULT: $500,000.00 total settlement

William F. is a ten plus year customer of Defendant International Catering.  William F. owns his own catering truck and purchases his food from International Catering.  His own truck was under repair and he was using International Catering’s truck at the time of the incident.

Aztec Foods d/b/a International Catering, Inc. is a food service company which has a policy where they allow their customers whose trucks are being repaired to use one of International’s trucks during the repair.

A catering truck driven by defendant Willaim F. and owned by Defendant Aztec Foods d/b/a International Catering, Ind., backed into plaintiff who was working next to his vehicle.  The plaintiff contended that defendant William F. was negligent in the operation of the catering truck, and that defendant Aztec Foods d/b/a international Catering, Inc. was responsible as owner of vehicle.

Defendant contended that plaintiff was solely or comparatively negligent for failing to hear a warning horn allegedly sounded prior to the truck backing into the driveway, or to move out of the way of the slow moving vehicle.

TYPE OF CASE: Auto v. Pedestrian

INJURIES: A broken leg, with permanent scarring, TMJ and tinnitus.

OCCUPATION: Paul B. – Electrical Contractor

PLAINTIFF’S ATTORNEY:
Darren O. Aitken & Wylie A. Aitken
AITKEN * AITKEN * COHN
For Plaintiff – Paul B.

DEFENDANTS’ ATTORNEY:
Michael Green
SELSKI, STURGEON & WEHBE
For Defendant – William F. & Aztec Foods d/b/a International Catering, Inc.

DEFENDANT INSURANCE CO.: Scottsdale Insurance Company