Hornady Transportation, LLC v. Fluellen

116 So. 3d 236, 2012 WL 5278464, 2012 Ala. Civ. App. LEXIS 293
CourtCourt of Civil Appeals of Alabama
DecidedOctober 26, 2012
Docket2100939
StatusPublished
Cited by2 cases

This text of 116 So. 3d 236 (Hornady Transportation, LLC v. Fluellen) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hornady Transportation, LLC v. Fluellen, 116 So. 3d 236, 2012 WL 5278464, 2012 Ala. Civ. App. LEXIS 293 (Ala. Ct. App. 2012).

Opinions

PER CURIAM.1

Hornady Transportation, LLC (“Horna-dy”), appeals from a judgment of the Monroe Circuit Court awarding workers’ compensation death benefits and the cost of funeral expenses to Gwendolyn B. Fluellen and Matkoski Fluellen (hereinafter referred to collectively as the “dependents”), the widow and son of Hornady’s deceased employee, Charles Fluellen (“Fluellen”).

The record indicates the following. On September 28, 2009, Hornady filed a complaint for declaratory relief, seeking a determination of its rights and responsibilities under the Alabama Workers’ Compensation Act, Ala.Code 1975, § 25-5-1 et seq. (“the Act”), following the death of Fluellen. Gwendolyn Fluellen (“the widow”) answered and counterclaimed, seeking benefits under the Act for herself and Matkoski Fluellen (“the son”). Following lengthy discovery, the case was tried on November 17, 2010. Aside from the widow’s testimony, there was no live testimony presented; the case was submitted to the trial court upon the stipulations of the parties, the widow’s testimony, the deposition testimony of other witnesses, and other documentary evidence. We note, however, that the depositions were recorded and that compact discs containing recordings of the depositions were admitted into evidence.

The parties stipulated that Fluellen was driving an 18-wheel tractor-trailer truck for Hornady when he was involved in a single-vehicle collision in North Carolina; that the widow and the son were Fluellen’s [238]*238dependents as defined in the Act; and that, if the trial court determined that the claim was compensable, Fluellen’s dependents would be entitled to 66.667% of his average weekly wage of $722.70 so long as they continued to be his dependents or for a period not exceeding 500 weeks, whichever period was shorter.

The evidence in the record tended to show the following. The accident occurred on Sunday, May 4, 2008, at approximately 9:20 a.m. It was undisputed that Fluellen had not worked for the previous two days and that he had begun driving at 6:00 a.m. that day. The only eyewitness account of the crash presented at trial was contained in the deposition testimony of Michael Wade. On the day in question, Wade was traveling in the left northbound lane of Interstate 95, near Lumberton, North Carolina. Wade, a staff sergeant in the United States Army who served in the wars in both Iraq and Afghanistan, testified by deposition that “heavy winds” were blowing the morning of Fluellen’s accident. In describing the accident, Wade said that he was traveling in the passing lane of Interstate 95 in North Carolina, that he had just passed an automobile, and that he was preparing to pass the tractor-trailer driven by Fluellen when Fluellen changed lanes in front of him. Wade said that he did not remember whether Fluellen signaled for a lane change but that it appeared to him that the change was “preplanned.” Wade said that he had space ahead of him, so he slowed slightly and changed into the right-hand lane. Wade said that as he passed the tractor-trailer on the right side, he noticed that it was maintaining the same speed. As he drew parallel with the tractor-trailer, Wade said, he noticed in his peripheral vision that it was “getting further and further away from him” and that, as he drew even with the cab of the truck, he looked over and saw that the “entire truck [was] off the interstate into the grassy median and impacted] a tree.” He said that just before the impact, he turned to look at the road but that he saw, felt, and heard an explosion. He said that he pulled his vehicle off to the right side of the road and saw that the tractor-trailer, including the cab of the truck, was “completely engulfed in flames.”

Wade testified that he exited his vehicle, crossed the interstate, and then sprinted toward the tractor-trailer. As he approached, he said, there was a second explosion. The cab of the truck was completely split open, Wade said, and therefore he was able to see that the second explosion occurred behind the cab, on the passenger side of the truck. He said that the second explosion “just added to the flames therefore it wasn’t significant to him.”

When Wade reached the cab, he said, Fluellen was still strapped in his seatbelt, but the seat, with Fluellen in it, had been ejected from the cab and was sitting on debris just below Wade’s eye level. Wade testified that, if not for the heat from the flames, he could have reached Fluellen to unbuckle him and pull him from the seat. However, Wade said, the heat was “unbearable” and he was not able to move any closer to Fluellen. Nonetheless, Wade attempted to remove debris off Fluellen. Because of the heat, Wade said, he ran in, moved debris, and ran back out again. Wade attempted to reach Fluellen three times, but because of the flames, he said, he “just couldn’t get to him.” He said that the debris was on fire, Fluellen’s seat was on fire, and the cab was on fire.

Wade testified that he kept making attempts to reach Fluellen, who was completely covered in flames, because he saw Fluellen moving and believed that he was alive. He said that Fluellen was making slow movements with his arms. He de[239]*239scribed the movements, saying: “It looked like an attempt to free himself or to move from the area he was in. His head and his arms were slowly moving in an upward motion.” He also said that Fluellen’s body was moving in the direction toward where Wade was standing. Wade said that, after he attempted to reach Fluellen the third time, he noticed that Fluellen had stopped moving and that his body went limp. When there was no longer any effort on Fluellen’s part, Wade said, he believed that that was when Fluellen had died. Wade did not make any other attempt to approach Fluellen.

Soon thereafter, law-enforcement officers, firefighters, and emergency medical technicians arrived on the scene. In deposition testimony, Lumberton police officer John Lynch stated that he arrived at the crash site at 9:27 a.m. and performed an investigation. He identified two witnesses, Wade and Jason Covey, who had previously given statements to a state trooper, and he appended those statements to his crash report. Covey stated: “At 9:20 a.m. on 5-4-08, I witnessed a tractor-trailer go off the road into the median. The truck caught fire immediately [after it hit a tree].” According to the report, Wade told Officer Lynch:

“Victim was traveling northbound in passing lane at mile marker 11 north of exit 10. Victim gradually moved towards the median at maintained speed and struck tree and vehicle exploded on impact. Victim was still alive slightly and some movement. Victim was trapped under seat but [I] was unable to release him and pull from wreckage.”

Officer Lynch testified that the highway was straight and level at the site where the tractor-trailer had left the road and that the weather that day had been clear and sunny. Officer Lynch measured the distance that the tractor-trailer had traveled in the median before it struck the tree as 408 feet; he saw no skid marks on the highway, no sign of braking in the grassy median, and no evidence indicating that Fluellen had attempted to veer the tractor-trailer back onto the roadway.

Paramedic Wadius Williams arrived on the scene at 9:43 a.m. and was not allowed to approach the wreckage until the firefighters extinguished the fire an hour later. While he was waiting for the fire to be extinguished, Williams spoke to bystanders who had gathered and asked whether anyone had witnessed the crash.

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Bluebook (online)
116 So. 3d 236, 2012 WL 5278464, 2012 Ala. Civ. App. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hornady-transportation-llc-v-fluellen-alacivapp-2012.