On Wednesday, an 8-year-old boy was killed and his mother injured when debris from a tractor-trailer crashed through the windshield of their SUV, The Atlanta Journal-Constitution reports.
David Washington was driving a tractor-trailer on I-20 when parts of his truck's transmission came loose and smashed through the windshield of Jameka Nicole Malone's SUV. Cameron Mcilwain was killed by the debris. Could Cameron's family bring a wrongful death suit against Washington or his employer?
Malone was heading westbound on I-20 in her Chevy Blazer on Wednesday night when the accident occurred. The debris from the transmission struck Malone on the arm, and then hit her son, Cameron, killing him. Malone’s other child, 19-month-old Kanary Malone, suffered only minor cuts from the broken glass.
Malone was transported to Grady Memorial Hospital. Her arm was amputated below the elbow, authorities say.
Washington was driving for CW Transport at the time of the accident. In a written statement, CW stated that it’s currently investigating the incident. Georgia State Police are investigating the accident as well. Could Malone file a civil suit against Washington or CW Transport for her family’s loss?
By filing suit against CW Transport and Washington, as opposed to Washington alone, Malone could increase her chances of collecting any damages she’s awarded. Under the principle of respondeat superior, an employer may be held liable for the torts of its employee if his acts were within the scope of employment.
Generally, this means that the acts must have occurred while the employee was performing the job he was hired to perform. Since Washington was driving a truck for CW Transport at the time of the accident, CW may be held liable if Washington is found to have been negligent.
In her wrongful death suit, Jameka Nicole Malone may argue that Washington was negligent in failing to perform the maintenance the tractor-trailer required, and that his negligence caused Cameron Mcilwain’s death. Malone and her family could be awarded damages for any medical expenses, funeral costs, emotional trauma, and the loss of parental consortium.