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Torts Keyed to Goldberg
Martin v. Evans
Facts
Weldon Evans is a truck driver for the FORC Company. Evensdrove into a rest stop and parked his 45-foot-long tractor-trailer in what he believed was the last parking space in the row. Subsequently, Evens went to the restroom, and once he returned, no one was parked behind Evan’s truck. Evan’s climbed into the cab to make an entry in his logbook. About two minutes later, several events took place that are disputed by the witnesses. Evans asserts that he was getting ready to put the truck in reverse, as he was releasing the brakes and activating the flashers. When he released the breaks, a hissing sound emitted. Because of the angle and length of the vehicle, Evans could not see behind him. So, Evans began to slowly back up. Evans claims he was backing up more slowly than walking speed. Yet, when he was backing up, Evans felt something and saw someone waving his arms to stop then fall to the ground. Allegedly, a box truck that was driven by either Anthony Martin or Rochester Steverson was behind Evans’s vehicle. At that moment, Martin did not have a valid driver’s license. Thus, at issue was whether the men had pulled into a legal parking space. Martin was allegedly standing or walking behind Evans’s vehicle when it first started reversing, which caused Martin to be pinned against the box truck. There were conflicting recollections regarding Martin’s level of attention at the time.When Steverson backed up his truck, Martin fell to the ground, causing injury to his arm and back. Martin asserts that he did not see or hear anything to provide him any indication that Evans was going to back up.Martin brought suit against Evans and FORC for negligence. Thereafter, the jury found in defendants favor, but the trial court granted a new trial on the ground that the jury’s decision went against the weight of the evidence. Following an appeal by defendants, the appellate court affirmed. Defendants, again, appealed.
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