Emmanuele et al. v. Anderson Trucking Service, Inc. and Lawford Howell

Plaintiffs' Memorandum of Law in Support of the Admission of OmniTRACS Messages and Positioning Data into Evidence


Trial court admitted evidence from the Qualcomm OmniTRACS system--messages and positioning data--that showed how far and how long the truck driver had driven in the 48 hours leading up to a crash (in violation of the FMSCA 11-hour and 14-hour rules). The positioning data showed his truck's almost exact latitude and longitude, which changed over time during the period in which he claimed he was sleeping. The evidence was also offered to impeach the truck driver, who had lied about this issue on his driver's logs, to the police in a sworn written statement, and repeatedly at his deposition in the personal injury action.

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Reference Info:Legal Memoranda: Trial Motions | State, 2nd Circuit, Connecticut | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Brendan Faulkner, Private Practice & Independent Contractor Attorney | Attorney Advertising

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