On May 3, 2017, The Defendant car dealership conducted a wholesale used car auction at the facility which was crowded with auction attendees who were unprotected by physical barriers or safety policies from the risk of being struck by vehicles proceeding through the crowd.<\/p>\n
The Defendant dealership assigned its employee to drive a 2006 Jeep Grand Cherokee
\ninto the auction facility. The employee negligently operated the Jeep so as to lose control of the vehicle and strike numerous lawful visitors, including the six decedents one of whom was represented by our office.<\/p>\n
The subject 2006 Jeep Grand Cherokee was owned by the dealership, which we claimed contained a defect, of which the dealership knew or reasonably should have known, tending to make the vehicle difficult to control. The defendant, negligently failed to advise or warn the dealership or our clients of the vehicle\u2019s unsafe condition.<\/p>\n
Our office in conjunction with other attorneys that represented the victims asserted that while operating a dealerships Jeep, was a person for whose conduct the dealership was
\nresponsible. M.G.L. c. 231, \u00a785A provides. \u201cIn all actions to recover damages for
\ninjuries to the person or to property or for the death of a person, arising out of an
\naccident or collision in which a motor vehicle was involved, evidence that at the time of
\nsuch accident or collision it was registered in the name of the defendant as owner shall
\nbe prima facie evidence that it was then being operated by and under the control of a
\nperson for whose conduct the defendant was legally responsible, and absence of such
\nresponsibility shall be an affirmative defense to be set up in the answer and proved by the defendant.\u201d<\/p>\n
When struck by the subject Jeep, six people were killed and several gravely injured that required hospitalization, incurred medical expenses and lost earning capacity, funeral and burial expenses, and suffered physical and mental pain.<\/p>\n
It was our contention that the injury and resulting deaths were caused by the negligence, gross negligence, and wanton and reckless conduct of several Defendants including the dealership.<\/p>\n
a. Maintaining the auction facility in a hazardous condition lacking barriers or like
\ndevices to physically separate and protect visitors from automobile traffic within
\nthe facility.<\/p>\n
b. Failing to establish or enforce rules, policies or practices that would eliminate or
\nminimize the danger to auction-goers arising from conflict with vehicle traffic.<\/p>\n
c. Failing to properly investigate, train, and supervise the dealerships drivers.<\/p>\n
d. Allowed an unfit driver, to operate the subject Jeep.<\/p>\n
e. Introducing its vehicles, including the subject Jeep, into the auction facility
\nknown to be in a hazardous condition lacking barriers or like devices to physically
\nseparate and protect visitors from automobile traffic within the facility.<\/p>\n
f. Introducing its vehicles, including the subject Jeep, into the auction facility
\nknown to lack rules, policies or practices that would eliminate or minimize the
\ndanger to auction-goers arising from conflict with vehicle traffic.<\/p>\n
g. Failing to exercise its retained control of its vehicle and the auction process to
\navoid endangering auction attendees.<\/p>\n
The case was settled in July 2024 and Attorney Bill Poore from Providence RI was selected to assign damages to the families of the decedents.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
On May 3, 2017, The Defendant car dealership conducted a wholesale used car auction at the facility which was crowded with auction attendees who were unprotected by physical barriers or safety policies from the risk of being struck by vehicles … Continue reading