United States Sixth Circuit

The driver of a tractor-trailer did not breach a duty of care when he parked his rig completely off the travel lanes, in a highly visible position, and placed warning devices behind it in compliance with state regulations. Consequently, plaintiffs cannot demonstrate a prima facie case of negligence.

Appellate Information

• Decided 02/26/2004
• Published 02/26/2004

Judges

• Before:  BOGGS, Chief Judge;  KRUPANSKY and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Paul T. Gillenwater (argued and briefed), Gillenwater, Nichol & Ames, Knoxville, TN, H. Forrest Horne, Jr. (argued), Jones, Martin, Parris & Tessener, PLLC, Raleigh, NC, for Plaintiffs.


• For Appellees:
  
• Michael J. King (argued and briefed), Tony R. Dalton (briefed), Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Defendants.