BENTON – Trial on a theory that FedEx and contractor Hard Drive acted with fatal negligence by hiring and retaining a trucker who didn’t understand English ended in settlement on Wednesday morning, May 18.
Senior U.S. District Judge Phil Gilbert had convened on Monday and jurors had heard four and a half hours of testimony on Tuesday.
Also on Tuesday, Gilbert ruled that FedEx and Hard Drive could argue that Asllan Pino knew enough English to do his job.
Pino’s truck struck a stationary vehicle on Interstate 70 near Effingham in 2019.
Virginia Abrams, Matthew Murphy, and Marleen Murphy died, and Bob Abrams and Janice Smart suffered injuries.
Survivors and estates sued FedEx and Hard Drive in 2019.
FedEx and Hard Drive admitted liability for Pino’s failure to slow down but contested liability for lack of qualification.
Gilbert ruled in February that he would let a jury decide whether a connection between Pino’s language and the accident rose to a level of proximate cause.
On April 22, lead plaintiff Bob Abrams moved to preclude defense expert Dave Griffin from using various documents to make a case for Pino’s English.
Griffin’s report stated that anyone who passed tests of a commercial driver’s knowledge and skills and obtained endorsement for different types of vehicles would have to be able to speak and comprehend the English language.
On Friday before trial, Gilbert denied the motion to exclude Griffin’s evidence.
On Monday, Gilbert called 35 jury prospects and parties challenged 23.
From those who remained the parties picked eight jurors.
Benedict Morelli of New York City opened for plaintiffs and Hamilton Hill of Chicago opened for defendants.
Crash survivor Janice Smart testified for 42 minutes.
On Tuesday, jurors watched video of Pino’s deposition for 19 minutes.
Gilbert had directed plaintiffs to choose about 40 questions and Pino’s responses.
Jurors watched video of two witnesses for 28 and 19 minutes, and observed a live witness for 20 minutes.
Testimony broke for two and a half hours.
On a break, Morelli’s local counsel David Cates moved to reconsider the order excluding Griffin’s evidence on language.
He claimed counsel asked Pino at his deposition if he told anyone he needed an interpreter for the day, and Pino said yes.
He claimed counsel asked if that was because he didn’t understand the English language, and Pino said yes.
He claimed Gilbert should take Pino’s answers as a judicial admission.
He claimed Pino’s counsel didn’t object and Pino didn’t indicate he was confused or didn’t understand what he was asked.
He claimed that once a judicial admission is made, “that admission may not be contradicted by any other evidence at trial.”
Gilbert heard argument and denied reconsideration.
Jurors heard witnesses after lunch and left without knowing they finished the job.