CVN screenshot of plaintiff attorney James Scherr delivering his opening statement
Portland, OR - A wrongful death lawsuit against FedEx over a late-night collision on an icy roadside that left a motorist dead has settled mid-trial in Oregon state court, and the proceedings were covered gavel-to-gavel by Courtroom View Network.
The parties announced a confidential settlement on October 2nd after nine days of trial. Plaintiff attorneys sought up to $250 million, including punitive damages, for the 2022 death of Israel Gonzalez Sanchez, however FedEx maintained their driver had no liability for the collision and suggested a total of $3 million if the jury decided to award any damages at all.
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During the trial, Plaintiff attorney James Scherr of Scherr Law accused FedEx of sending an overworked, undertrained driver out into hazardous wintry conditions. He claimed FedEx driver Timothy Gettel’s 18-wheeler was traveling above the speed limit when he struck Gonzalez, who was stopped on the shoulder of the highway to assist another driver involved in an unrelated crash.
Scherr said the accident took place during a period known within the trucking industry specifically as “The Danger Zone” telling jurors FedEx should have known accidents were much more likely to occur between midnight and 6 AM during the winter, especially involving “big rig” trucks.
He rejected any suggestion Sanchez had responsibility for the accident, insisting his hazard lights were on and that Gettell was driving 65 mph in a 60 mph zone, the impact of which Scherr suggested was increased due to the dark and icy conditions.
Scherr accused FedEx of putting drivers on schedules that don’t allow them enough rest between shifts, and he said FedEx didn’t provide specific training to big rig drivers like Gettel which could have prevented the crash.
Defense attorney Dylan Jackson of Wilson Smith Cochrane Dickerson urged jurors to reject any argument FedEx has responsibility for Sanchez’s death, claiming that while the roads were undoubtedly icy at the time they were still open to general traffic and didn’t present an especially hazardous situation that would have warranted FedEx departing from standard operating procedures.
He characterized Gettel as a veteran CDL driver who received extensive vetting from his direct employer and co-defendant True North Trucking Company, which FedEx contracts with. Jackson suggested FedEx could and did reasonably rely on representations from established companies like TNT that they use experienced drivers.
The trial took place before Judge Adrian Brown.
The case is captioned Estate of Israel Gonzalez Sanchez vs Fedex Corp., Fedex Corporation, et al., case number 24CV53783 in Multnomah County Circuit Court.
Email David Siegel at dsiegel@cvn.com
