Heagney v. Schneider

Opinion by JUDGE BERMAN In a negligence action to recover for property damage to his truck, plaintiff, Joseph Dean Heagney, appeals the trial court's granting of a motion for summary judgment in favor of defendants. We affirm. On November 12, 1979, plaintiff's truck overturned on State Highway 34, just south of Brush, Colorado, partially blocking traffic. When gasoline from the truck was observed leaking onto the pavement, the fire department was called to hose the gasoline off the highway, causing traffic to come to a complete stop. Colorado State Patrol Officer Craig Schneider arrived on the scene and informed plaintiff that a wrecker had been called to clear the road. Shortly thereafter, a wrecker from Little Bandit Truck Stop, Inc., arrived with Bill Schaefer as driver. The Little Bandit wrecker failed in its attempt to set upright plaintiff's truck, and the vehicle was eventually placed upright by an independent third party.