R. Scott King, BSME ::::
Case Synopsis: A commercial vehicle operator was fatally injured when his truck overturned at the bottom of a long descent. After the incident, investigators discovered that four of the truck’s eight brakes exceeded their re-adjustment limits and concluded this as a contributing factor. Upon learning this, the vehicle owner researched his maintenance records and found that the culprit brakes had been replaced by an independent service provider approximately 4,000 miles earlier. Subsequently, a suit was brought against the defendant repair shop alleging defective vehicle maintenance and service. In his liability report, plaintiff’s expert concluded that the subject brakes could not have deteriorated to their post-incident condition unless they were improperly adjusted during the recent service. Defense experts agreed the brakes were out of adjustment, and were a contributing factor, but made several key points during trial that reduced plaintiff’s theory to guesswork.