A truck driver sued a motor carrier and mattress company after a coil spring pierced his wife in the sleeper berth. However, the lawsuit took a wild turn once the wife’s competency took center stage.
In December 2015, John Whitehead was driving a truck for Crete Carrier. While his wife, Veronica, was resting in the sleeper berth, a metal wire came through the mattress and punctured her skin. A lawsuit filed by the Whiteheads claimed the puncture led to a “serious, life-threatening infection” that left permanent injuries.
The Whiteheads sued Crete, mattress company Southerland and Hickory Springs Manufacturing, which supplied the coil springs to Southerland. Crete allegedly failed to inspect the sleeper berth mattresses despite knowing many drivers had experienced similar issues.
There was one problem. Veronica had signed a “Spouse’s Release” that released Crete from all liabilities and claims for injuries while a passenger. John Whitehead had signed a similar release.
That could have settled the matter, but the Whiteheads threw a wrench in the gears. Veronica has been “legally incompetent” due to a developmental disability, according to the lawsuit. That includes the time she signed the Spouse’s Release, making it invalid. In fact, a separate legal guardian filed the lawsuit on her behalf.
However, that claim ended up backfiring.
Crete argued that if Veronica Whitehead’s release is invalid, that would make her an unauthorized passenger.
By signing the company’s rules of conduct, John Whitehead knew that it was expressly forbidden to have a passenger unless authorized in writing. If he allowed an unauthorized passenger, he would be personally responsible for any injury claims against Crete.
But Crete didn’t stop there. The carrier filed a fraud and breach of contract counterclaim against John Whitehead. Crete claimed that he never indicated in any way that his wife was mentally incompetent during the signing of the Spouse’s Release.
Crete said that he fraudulently concealed that information, knowing his wife would not get passenger authorization if the company found out. The carrier argued it mistakenly and improperly authorized her to ride as a passenger as a direct result of this fraudulent concealment.
In the end, both Crete and the Whiteheads dropped their claims. Southerland and Hickory Springs remained in the sleeper berth mattress case.
In September, a jury cleared Southerland and Hickory Springs. Neither company was found liable or negligent for the sleeper berth incident. LL
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