10 Sep David & Patricia Stewart v. Colonel McCrary Trucking
Driver of truck for Colonel McCrary Trucking, Joe Johnson, ran a redlight and hit vehicle driven by plaintiffs rendering one passenger, a three year old, a quadriplegic and resulting in severe brain damage to her mother causing retrograde amnesia such that she cannot remember her life before the accident. Joe Johnson was working on a debris removal project in New Orleans at the time of the accident and was on his way back to the job site from attending a court appearance in Bay Minette on a cocaine charge. Joe Johnson was given the company truck to drive and given money by his supervisor to pay his court fine. Joe Johnson tested positive for cocaine immediately after the accident and had not had a valid driver’s license since 2004. The case is still pending in Mobile County against several other defendants with whom Colonel McCrary Trucking had a debris removal contract, several of which were primary contractors with the US Army Corps of Engineers. The remaining defendants had a duty under their contract with the Corps of Engineers to check the driver’s license of Joe Johnson as he was driving and operating vehicles and equipment on the debris removal project without a valid driver’s license and even though the primary contractor can delegate the task of checking driver’s license to their sub-contractors they cannot delegate the responsibility.