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Eyewitness Testimony Enough to Rule that Truck Driver Died in Crash

By Jim Sams (Senior Editor)

Tuesday, October 30, 2012 | 0

An eyewitness account of a truck driver's death in a fiery crash supported a trial court's decision that a fatality occurred in the course and scope of employment, despite expert testimony that the driver had more likely suffered a heart attack before the accident, the Alabama Court of Appeals ruled in a split decision.Case: Hornady Transportation v. Fluellen, No. 2100939, 10/26/2012.Facts: Charles Fluellen was driving a tractor-trailer for Hornady Transportation in North Carolina northbound on Interstate 95 on May 4, 2008.Michael Wade, a U.S. Army staff sergeant who'd served in Ir...

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