A man was injured while riding as a passenger in a single-vehicle commercial truck accident in 2010. The accident resulted from a blowout of the truck’s left front tire. The plaintiff’s theory was that the company had failed to maintain its equipment properly, in violation of federal regulations requiring regular inspections of commercial trucks. The Court of Appeals ruled that the trial court properly admitted evidence of the company’s regulatory violations, including violations of the Code of Federal Regulations (CFR). The Court noted that while the plaintiff provided no evidence of his lost earnings other than his own testimony that it was between $17,000 and $25,000 a year, it is ultimately the factfinder’s responsibility to determine the credibility and weight of trial testimony and the defendant cross-examined him on this testimony extensively. The jury awarded somewhat less than requested, which demonstrated that the jury apparently considered the arguments and evidence of both parties on the issue and made a reasonable award of economic damages. Thus, the verdict was sustained. The case is Melrose v Ricky Warner and Warner Trucking and Excavating Inc, unpublished case 325717, decided August 2, 2016.
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