Gibson v. Fuel Transport, Inc.

Opinion of the Court by

Justice CUNNINGHAM.

On the night of November 2, 2004, a tractor trailer loaded with coal overturned while attempting to negotiate a curve on Highway 80 near the Knott-Floyd County line. The truck was owned by Fuel Transport, Inc. (hereinafter “Fuel Transport”) and driven by its employee, Troy Vander-pool.

At the time of the accident, Roger Russell was driving a pickup truck coming from the opposite direction on Highway 80. Seventy-eight-year-old Topsie Gibson was a passenger in his truck. Russell’s vehicle approached the curve a few moments after the tractor trailer had…