Christianson died after a tractor-trailer struck an overpass on Interstate 25 near Weld County Road 34, causing debris to fall onto her vehicle. At the time of the incident, Darnell Yingling was driving and operating the tractor-trailer and was employed by Import Auto, Inc., a Colorado corporation.
Yingling was hauling a large excavator that he had loaded onto the trailer for transport. Titan Machinery, Inc., a Delaware corporation, owned the Case CX145D SR excavator and hired Import Auto, Inc. to load and transport it. According to the complaint, the excavator was loaded in a manner that exceeded the minimum clearance height for the overpass bridge.
As Yingling approached the overpass, Christianson was driving behind the tractor-trailer. The excavator struck the bridge and was torn from the trailer. The impact caused concrete and debris from the overpass to fall onto Christianson’s vehicle, resulting in fatal injuries. The estate sought damages for losses resulting from Christianson’s death.
Motion to Dismiss
Import Auto, Inc. filed a motion to dismiss the wrongful death claims. The motion asserted that the complaint did not adequately state a claim under Colorado’s wrongful death statute and failed to sufficiently allege causation.
The district court reviewed the allegations as pleaded, without weighing evidence or resolving factual disputes. The court applied the standard governing motions to dismiss, which requires accepting well-pleaded factual allegations as true.
Colorado Wrongful Death Law
The court reviewed Colorado’s wrongful death statute, which allows an estate or designated family members to seek damages when a death is caused by another party’s wrongful act or negligence. At the pleading stage, a claimant must allege facts that, if proven, could establish duty, causation, and damages.
The court explained that dismissal is appropriate only when the complaint fails to allege facts that could support a viable wrongful death claim.
Court’s Analysis
The court examined the factual allegations describing the collision and Import Auto, Inc.’s connection to the vehicle involved. The complaint identified the vehicle, described how it was operated in a manner that caused the crash, and stated that those actions resulted in Christianson’s fatal injuries.
The court concluded that these allegations were sufficient to give Import Auto, Inc. notice of the claims and the basis for liability. The court determined that questions about how the collision occurred and who bore responsibility were factual issues that could not be resolved at the dismissal stage.
The Court’s Ruling
The court denied Import Auto, Inc.’s motion to dismiss. The ruling allowed the wrongful death claims arising from Christianson’s death to proceed.
Assistance With Wrongful Death Matters
If you’ve lost a loved one in a fatal accident, Whitcomb Selinsky PC handles wrongful death matters. Reach out to our team to schedule a consultation and learn how our team can assist with your situation.
Joe Whitcomb
