Deborah Westmoreland v. Allied Fence Co. of Raleigh and Salvador Queriapa

Wrongful death claim by Deborah Westmoreland v. Allied Fence Company and Salvador Queriapa for the death of Andrew Westmoreland on April 19, 2001. Westmoreland, an engineering student, was riding his bike on Enterprise Street in Raleight when he was struck and killed at the intersection of Hillsborough Street. Deborah Westmoreland claimed that Queriapa "carelessly and heedlessly and in a gross, willful and wanton disregard for the rights and safety of Andrew Westmoreland" failed to keep a proper lookout and maintain property control over the Allied truck that he was driving within the scope and course of his employment. Ms. Westmoreland also claimed that Queriapa failed to stop for a red light, failed to yield the right-of-way to Andrew and ran over him a second time. She further alleged that Queriapa had the last clear chance to avoid hitting Andrew and failed to do so. In addition, she claimed that Allied was negligent in allowing Queriapa to drive the truck because he was not a "capable and competent driver" and that it had never administered a competency test to him and failed to examine his past driving record before allowing him to drive the truck.

It is not know at this time what affirmative defenses the defendants asserted.