BENTON – Lack of parking space for trucks in Illinois contributed to a wreck that killed three people at Silver Lake rest area on Interstate 70, Robert Branum Trucking of Texas argues in U.S. district court.
The collision occurred on July 13 when a westbound Greyhound bus taking the ramp to the rest area crossed the north shoulder line and slammed into three idle trucks.
All three drivers were in their sleeper berths, according to a state police report.
Terry Ferro, as widow of victim Bradley Donovan, sued not only Greyhound Lines and driver Raymond Paradise but also the owners and drivers of the idle trucks.
Branum Trucking answered first on Aug. 25, through Ted Perryman of St. Louis County.
He claimed all injuries and damages were the direct and proximate result of negligence or fault of others over whom Branum Trucking had no control nor right to control.
He claimed the acts attributed to Branum Trucking didn’t causally relate to the accident.
“The violations of any statutes or regulations cited by Plaintiff were justified based on superseding federal regulation and lack of parking spaces for commercial drivers in Illinois," he wrote.
Jurisdiction over the suit remained uncertain.
Todd Strong and Ryan Meikamp of Peoria filed the complaint in Madison County Circuit Court on July 31.
They claimed Paradise failed to maintain a proper lookout, operate at reasonable speed, or operate with due regard for traffic and the condition of the highway.
They also claimed he operated without adequate brakes.
They added that he could and should have seen the trucks.
Strong and Meikamp claimed Greyhound failed to adequately and properly train and supervise Paradise.
They also claimed Greyhound failed to adequately and properly intervene in the improper and dangerous operation of the bus.
Strong and Meikamp sued Americanos USA as owner of the bus.
They also sued Abdikabir Ibrahim as driver of the first truck the bus hit, MZ Cargo and Ryder Truck Rental as Ibrahim’s employers, and ILoca Services as owner of the trailer.
Everett Sharp, as driver of the second truck, and owner Richard Wolfe Trucking were also sued.
Lastly, they sued David Cherno, as driver of the third truck, belonging to Branum Trucking.
They claimed it was practicable for the drivers to park off the roadway.
On Aug. 4, Branum Trucking removed the complaint to district court.
Perryman identified ILoca as an Illinois corporation and Greyhound and Ryder as foreign corporations licensed in Illinois.
Their inclusion would defeat removal on the basis of diverse citizenship, but Perryman claimed removal was proper because Ferro didn’t join and serve the local defendants.
Strong responded that he understood Perryman limited his representation and request for removal to Branum Trucking.
He attached a $74,000 settlement demand he sent to Branum Trucking and stated it would be fair and equitable given a division of responsibility for a catastrophic crash.
On Aug. 23, he moved to remand the complaint to Madison County for lack of diversity.
He stated the settlement demand didn’t meet the $75,000 threshold for federal jurisdiction.
Perryman answered the complaint on Aug. 25, writing that Feero failed to state a claim on which to grant relief.
He claimed Branum Trucking was entitled to indemnity, contribution, or setoff from individuals or entities who caused or contributed to damages.
He also claimed Branum Trucking’s conduct was nothing more than a condition by which the injury was made possible.
He added that independent or intervening acts of Paradise and Greyhound caused the damages.
Perryman further argued that Donovan failed to wear a seatbelt and contributed to his injuries and death.
Magistrate Judge Reona Daly presides.