The driver of a garbage truck involved in a tragic smash-up on the Uriah Butler Highway in Endeavor, Chaguanas, which resulted in the death of three members of a Barrackpore family in 2014, has been found negligent by a High Court judge.
In a ruling last week, Justice Joan Charles held that based on the evidence, the truck driver’s driving was “negligent.” She said it was the truck driver’s negligence that caused the collision with the car which was driven by a 21-year-old. She also said the truck driver’s negligent driver caused the truck to crash into the median and land on another car driven by a family returning from the Mt Hope Medical Sciences Hospital for dialysis treatment for their son. All three occupants of the car were killed.
Newsday understands there are several wrongful death claims arising out of the incident, and last week’s ruling will have an impact on their outcome.
In the case before Charles, BK Holdings, owner of the garbage truck, sued Laura Morgan, her son Jemmel Morgan and two insurance companies, Maritime General and Bankers Insurance, for damages and special damages. According to BK Holding’s claim, Jemmel Morgan was driving his mother’s car when he attempted to overtake the truck. Morgan’s car collided with the left side of the truck, causing damage and loss, the lawsuit contended.
In its claim asserting negligence, BK Holdings contended that Morgan failed to maintain a proper course and lanes on the highway; overtook and changed lanes when it was unsafe; failed to stop or slow down to avoid colliding with the truck and drove at an excessive and reckless speed.
However, in their defenses, the mother, son and the insurance companies denied the accident was caused by Morgan’s negligence. They contended that the truck suddenly attempted to change lanes from the middle to the westernmost lane of the highway, causing the back left side of the truck to collide with the front right side of the car.
At the trial before Charles, the truck’s driver, David Diaz, claimed he was driving at 35 miles per hour and was driving on the center lane of the northbound carriageway. He said on reaching ANSA Mc Al, he felt an impact to the rear left side of his truck, causing him to lose control. He said while he was trying to bring the truck back under control, it struck the concrete median and went airborne, crossing onto the southbound carriageway where it crashed into a Honda Civic.
The driver maintained he was not merging lanes but was in the center of the highway’s middle lane. He said the impact on his truck was sudden and violent, leaving him no time to react.
Also testifying for the company was the managing director of BK Holdings and an eyewitness to the accident who was allegedly traveling on the highway.
Testifying for the defendants was Jemmel Morgan. He was driving his mother’s car to take lunch to his uncle when he said he saw the truck swerve into the left lane and collide with the front of his car.
In her ruling, Charles said Diaz’s evidence that immediately on impact, his
