A trucking company that is being sued in federal court because of the death of a resident of The Plains is asserting that another trucking company, also a defendant in the case, is responsible for the fatal traffic accident. Both Day To Day Logistics and Schneider National Carriers are being faulted, but SNC is blaming Day To Day Logistics.
Back in 2013, 71-year-old Dan Grubb was killed in an accident on Interstate 77 in Virginia. Grubb’s wife Darlene was also involved in the wreck, but survived the horrific ordeal. Timothy Grubb, administrator of his father’s estate, and Darlene Grubb both filed a federal lawsuit in Ohio last September against trucking companies Day to Day Logistics of Ontario, Canada, and Schneider National Carriers out of Green Bay, Wisconsin.
Both drivers of the tractor-trailers failed to obey fog-related warning signs and adjust for bad weather conditions, among other things, according to the lawsuit’s allegations. “In our opinion, the known facts support a conclusion that both truck drivers failed to exercise the care required, especially considering the inclement weather, and caused the tragedy that cost Dan Grubb his life,” stated the family’s attorney, Ronald Goldman, senior trial counsel at Baum, Hedlund, Aristei & Goldman.
Schneider National Carriers has filed a cross-claim in which it blames Day to Day Logistics for the accident.
“Any alleged injuries or damages sustained by (the Grubbs), as alleged in the complaint, arose as the direct and proximate result of Day to Day Logistics’ negligence,” Schneider told sources.
In response to the Grubbs’ lawsuit, Schneider National denies any wrong doing and asserts its truck had come to a controlled stop on the interstate when it was struck in the rear by the tractor-trailer driven “negligently, carelessly and/or recklessly” by the Day to Day Logistics driver.
Schneider, in its cross-claim, is seeking $38,290 from Day to Day because of damage to the Schneider truck and related losses. Day to Day Logistics has filed a motion seeking dismissal of the cross-complaint or, in the alternative, that the case be moved to federal court in the Western District of Virginia, where the accident occurred.