Matthew H. Noce, HeplerBroom attorney prevails in Bench Trial
Matthew Noce, prevails in bench trial. This case involved a property damage claim arising out of an accident that occurred on Interstate 35 in Daviess County, MO during a severe snow storm. Schneider's truck's transmission failed requiring its driver to pull the truck onto the shoulder of the interstate. Shortly after parking the truck on the shoulder, the plaintiff struck the rear of the trailer totaling the delivery van operated by the Plaintiff. Plaintiff alleged the accident occurred due to a "whiteout" created by a snow plow in front of him and the Schneider driver's failure to pull his truck completely off the roadway. The responding police officer determined the Schneider driver was at fault for the accident. Following a bench trial, the judge determined the plaintiff was 100% at fault for the accident and found for Schneider and its driver.