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2006 Log Truck Wreck 4 Day Jury Trial, Wednesday Summary

October 24th, 2013 by

za zaA big rig wreck on Oct. 2, 2006 in Calhoun County led to the trial, which is expected to last 3-4 days.zc

While driving a loaded log truck on Calhoun County Road #2,, Gene Gibson (a Drew County resident) had the loaded log truck he was driving, run off of the pavement and rolled onto its right side.

A log shifted, and enter the cab, apparently injuring Gibson.

Merritt Equipment, based out of Denver, Colorado, built and distributed the “headache rack” that was installed on the log truck for the driver’s protection.

Judge Don Glover discussed the likelihood of court on Saturday (which was lated cancelled), before Monday’s expected final day.

~~~~~~~~~~~~~~~~~

Hani Hashem listed 11 potential witness in the case for the plantiff; Attorneys John Carter Fairley and Scott Strauss of the Barber Law Firm in Little Rock expect to use many of the same witnesses, and noted 3 others who may be called.County Road 2, in a 35 mph speed zone. Calhoun County’s Deputy Davis testified the accident was likely driver error.The 2006 Peterbilt’s owner described the truck, as well as the Merritt headache rack, that was installed on the rig.

The truck was loaded with 26-35 foot long pine saw logs by its owner, who was on the loader; then the logs were secured by the driver, using the usual, legal straps to hold the logs in place.

Around 15 minutes after leaving the loading site, the loaded truck lost control, attemoted to correct, and rolled over on it’s passenger side, where a log entered the cab, by pulling all but 1-2 of the. “window bars” out of the headache rack.

Defense then focused on the product’s safety labels, on cross-examination, as well as the defination of static load vs . dynamic load and the labeled weight of “static weight of 25,105 lbs.”

Labels on produce have since been changed to say “not for log or pole loads.”

A Peterbilt of Little Rock VP then testified that the 2005 rack was sold , prior to the “not for log truck ” change.

Monday’s court day closed out at 5:25 pm.

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