Partner Bryan E. Stanton recently secured dismissal for American Wind Transport and truck driver.

A survivor action was pursued by a son of a tractor-trailer driver who allegedly was rear-ended by an oversized tractor-tractor trailer at a railroad track during a wind turbine convoy. The initial personal injury lawsuit brought on behalf of the driver’s Estate was dismissed in 2022 then refiled later that year. After months of attempted discovery, the Court granted the Defendants’ motion to compel and entered a stay permitting Plaintiff to identify the proper party plaintiff. The Plaintiff driver failed to comply with the Court’s Order; prompting Stanton to submit a motion for sanctions. The Court granted the sanctions motion, in part, dismissing Plaintiff’s case without prejudice. Thereafter, the driver filed a motion to reinstate case. Ultimately, nearly three years after the case was filed, the Court denied the motion, resulting in complete dismissal of all claims.