Michael J. Thompson v. Douglas A. Rutledge; Jason and Kimberly Smith; and Questech Unlimited, Inc.

Plff, male age 60, residential real estate agent; Plff had started a new career in real estate approximately three months before his collision. Plff was driving his Smart Car northbound on Newberg Road in rural Snohomish County, near granite falls, Washington. Plff’s vehicle struck an overturned dump truck that was in the middle of the roadway. The dump truck was being operated by Def. Rutledge and was owned by Defs. Smith. The Smiths owned a closely held corporation named Questech Unlimited, Inc., and Def. Rutledge was working for the company and/or Defs. Smith at the time of the collision. Plff alleged that it was very dark out. The truck was overturned so that its undercarriage was facing Plff. The truck’s battery had dislodged in the collision so it had no lights. Def. Rutledge failed to place flares or emergency triangles to warn other motorists because he claimed that he did not have time, and that he smelled gas which caused him to flee the truck immediately. Def. Rutledge claimed that another motorist approached the overturned dump truck before Plff and was able to stop in time and avoid a collision. The Defs. Argued that the truck had two tail lights and reflectors that should have been seen by Plff, had Plff been paying attention. A neighbor living two blocks from the crash site was outside and heard the dump truck overturn and crash. The neighbor also said that 1-2 vehicles approached the overturned dump truck and both were able to stop in time to avoid collision. The neighbor alleged that the Plff was speeding when he went by the neighbor just seconds before he collided with the truck. The Defs. Denied liability, and alleged that Plff was solely at fault for using his cell phone which explained why he did not see the truck and why he was not able to stop in time to avoid a collision.

Settled for $1 million.

Theodore Becker, Ph.D.; Steve Harbison (Accident Reconstructionist); Dan Filiatrault (Accident Reconstructionist); Ginger Hurt (Vocational Rehabilitation)

Ron Sanders (Accident Reconstructionist); Terry Lahman (Forensic Computer Consultant); David Temple (Commercial Trucking)