Legal Question in Personal Injury in Missouri
I am an independent contractr who drives new motorhomes from the factory to the dealershps all over the U.S. After a large thunderstorm, I.pulled out of a privately owned truck parking area. There was a large mud puddle covered w/water from that storm. As entered the road out of the parking area, my motorhome fell into a large sinkhole covered by water, thus making it invisible to the eye. The state trooper writing the accident report said he had observed trucks falling into it last week...which had a large storm also.. Who is resonsible for this damage due to gross negligence to proper maintenance? It is owned by OOIDA of Missouri (owner operators independent driver's assoc), the anufacturer (Fleetwood), Don Ray Driveaway co or me?
1 Answer from Attorneys
If a sink hole appeared suddenly, then perhaps no person can be proved to be at fault. If the maintence people knew about the sink hole, yet did nothing to repair it or warn moterists, then the landowner may be at fault. From what you describe, it doe snto appear that anyone was grossly negligent. But, there may have been some simple negligence.
The Lamento doctrine says that where there are conflicitng issues of simple negligence, the party with the closest insurance policy will be treated as having been at fault. Between you, the manufacturer and if you were still on the OOIDA lot, will have their insurers battle out the claim. You need to make sure that your insurer provides legal representation for you.
Good luck
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