The case stems from a 2008 trucking crash in which a tractor-trailer driver stopped his truck on the interstate after hitting a deer, but he failed to immediately activate the truck’s emergency flashers or deflective triangles behind the truck or near the remains of the deer. He got out to examine the damage and then got back in his truck and at this time activated the emergency flashers. It was at this same time that the plaintiff, a passenger in a vehicle driven by her fiance, approached and, while attempting to avoid the dead deer, lost control of the vehicle and slammed into the parked truck.
The plaintiff suffered serious injuries, while her fiance died at the scene. She sued the trucking company and driver for her injuries. At 22 years old, she suffered severe traumatic brain injury, ruptured spleen, multiple skull fractures, permanent facial nerve palsy, scarring on her forehead, deafness in one ear, and memory loss. She continues to have trouble learning new things, suffers migraines and balance problems, and is at increased risk of early-onset dementia.