More On The Wigl Vs Ross Express Case

David B. Was nice enough to send me the complaint in the Weigl vs Ross Express case in
Superior Court, along with this context for folks who are not lawyers.  You can download the complaint here.  (pdf)  For more info on the case see here and here and here.

At this time (Nov 7), there’s no answer from the defendants; the only things in the case file are the “cover sheet” used by the court to get the case going, and the complaint, which sets out what the plaintiff claims and will have to prove. All of the causes of action involve “negligence,” which the plaintiff will have to show by proving that the defendants had a duty to Chris Weigl (to drive safely and not cause accidents) and that they breached that duty (by causing an accident) and caused injury to Weigl. They’ll also try to show that the trucking company was not careful enough in hiring the driver. Perhaps he has a bad record or something like that. The defendants will try to show that there was nothing the driver did wrong, even though the accident occurred. They will also, no doubt, try to show that Weigl rode carelessly and was responsible for the crash. The police report of their investigation will be important evidence and hasn’t been released yet, as far as I know. If the jury finds that both the driver and Weigl were negligent, they will have to determine how much each was at fault and that ratio will figure in the determination of any award.

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Christopher Weigl’s Parents Sue Trucking Company

Ten months after Christopher Weigl, a 23-year-old graduate student, was killed on his bicycle in Allston, the man’s family has sued the truck driver and trucking company involved in the crash, arguing that the company has a responsibility to train drivers to watch for cyclists in dense urban areas.

The lawsuit reflects frustration within Weigl’s family and the Boston cycling community at the lack of criminal charges in the case and channels the growing sentiment among bike advocates that the trucking industry should be proactive in preventing bicycle crashes.

In a complaint filed in Suffolk Superior Court, Weigl’s family contends that the crash in December was the result of negligence on the part of the driver, John A. Brothers of Uxbridge, and the company that employs him, New Hampshire-based Ross Express.(Via)

Some very interesting things could come from this lawsuit. Having large trucks in an urban center requires that the large truck operators be highly trained. I hope the family gets some justice.

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