Houston Personal Injury Lawyer

Michelle Moser, 33, and her daughter, Amber McArdle, 11, were killed in a dump truck accident on April 11, 2003. The dump truck owned by Blossom Valley Farms Nursery was overloaded with topsoil and operating with faulty brakes, zigzagged down Church Street and compressed the victims’ vehicle at a school-bus stop. Eight others, including students who were in disarray as they seek for safety on the sidewalk also suffered serious injuries in the crash.

The nursery’s manager, Jerry S. Snedden, and the truck driver, Jaysen N. Newton, pleaded guilty to charges related to the auto accident in earlier proceedings. However, a full blown trial on the charges of involuntary manslaughter, simple assault, reckless endangerment and numerous motor vehicle violations against the former owner, Todd Sachs, just now made its way to jury.

After five days of testimonies and rebuttals, the York County prosecution’s closing argument emphasized that Todd Sachs was ultimately responsible for the safety and maintenance of his vehicles and that he knowingly disregarded federal safety requirements to keep his trucks on the road.

Sachs’ attorneys, Douglas France and Edward Paskey, pointed the blame to state inspection mechanic, the truck driver, another employee who was in charge of the nursery vehicles and the Federal Motor Carrier Safety Administration for the incident. Paskey further presented that another nursery driver, Randy Conaway, did not give Jaysen Newton sufficient instruction before operating the truck. He said the National Transportation Safety Board, in a post-crash investigation, found that the safety administration had done a poor job of educating small commercial carriers on vehicle safety.

The prosecutor argued that the safety administration guidelines in effect at the time of the crash made it Sachs’ responsibility “as the owner, as the motor carrier” to insure the safety of the dump truck. Additionally, Sachs signed a federal form stating he was familiar with commercial carrier safety requirements. According to the service records, the only preventive maintenance documented by Sachs occurred on March 31, 2001. It was further argued that if Sach had followed the requirements set forth by the safety administration, then the brake parts that failed and caused tragic deaths could have been diagnosed and repaired through a systematic preventive maintenance program.

To learn more, call the Houston Personal Injury Lawyers at Williams Kherkher at 1.800.220.9341.