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Attorneys are asking a Washington jury to award $38 million in damages to a woman who suffered severe, disfiguring injuries when part of an entertainment center flew from a U-Haul trailer through her windshield.
Maria Federici, 28, suffered “catastrophic injuries incomprehensible to most of us,” her attorney said. The accident, which occurred in February 2004 on Interstate 405, left Federici blind, brain-injured, and disfigured.
Who's Responsible?
U-Haul, the driver of the trailer, and Capron Holdings Inc., the owner of the gas station that rented the trailer, are named in the lawsuit.
According to Federici's attorneys, U-Haul failed to equip trailers with a safe way to secure loads and also failed to warn renters that large items could fall out.
Attorney Bill Leedom said 12 incidents were reported of items flying out of the same type of open trailer between 2000 and 2006, but the company never did anything to improve safety.
“Had there been a cargo net over the top, it wouldn't have happened. Had there been a higher tailgate, it wouldn't have happened,” Leedom said.
Federici's attorneys have asked the jury to find U-Haul 75 percent responsible, Capron Holdings 15 percent responsible, and the driver, James Hefley, 10 percent responsible. Hefley has already admitted liability and been found negligent.
Defense Attorneys Blame Driver
Attorneys for U-Haul and Capron, however, argue that Hefley should carry the burden of responsibility.
“There's really nothing U-Haul could have done to prevent this with a driver like Hefley, who failed to secure his load,” said attorney for U-Haul, Patrick Schmidt.
Leedom argued otherwise. He said the company “trusted the customer to secure the load, but they knew a percentage of those customers were not going to be successful.”
The jury begins deliberations in the case today.
(Source: Seattle Post-Intelligencer online)
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