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Truck crash case heads to mediation

By Phil Ray 2 min read

The parties involved in a federal civil lawsuit brought on behalf of residents who were inside an Everett home when it was struck two years ago by a Freightliner tractor-trailer will attempt to settle the case through mediation.

Federal District Judge Stephanie L. Haines in Johnstown ordered the residents, the trucking company and its driver to participate in the court's Alternative Dispute Resolution Program.

According to an order filed last week, the parties have chosen to participate in mediation before attorney Eugene F. Scanlon Jr.

The medallion conference will be held on Nov. 22.

Scanlon is a former judge who served in the Allegheny County Court of Common Pleas.

While attempts will be made to settle the case out-of-court, preparation for trial will continue.

Haines in an order issued Sept. 21 indicated that all fact discovery involved in the case is to be completed by next March 23 and that a post-discovery status conference is to be held on April 3; however, no date has been earmarked for the trial.

The civil lawsuit was filed after a tractor-trailer rig driven by Bilguun Shijirbaatar, who lives in Baltimore County, slammed into the front of a home at 628 E. Main St., Everett, the evening of July 21, 2020.

Jeremy Decker and Stephanie Bauer were inside the home.

Each filed a separate civil lawsuit seeking compensation for injuries suffered as a result of the crash.

Decker indicated he suffered injuries to his neck, back and left shoulder when struck by debris from the crash.

Bauer's lawsuit claimed she suffered from injuries and emotional distress as a result of the mishap.

Decker's lawsuit was filed in Pennsylvania's Western District while Bauer's lawsuit was filed in Pennsylvania's Middle District.

The cases have now been joined into one lawsuit.

Shijirbaatar, the lawsuit claims, was driving west on Route Business 30 in Everett.

It is contended he was speeding and failed to stop at a stop sign before entering the neighborhood where the house was located.

The rig hit the front porch of the home and came to rest in the living room.

The owner of the Freightliner, CRST Expedited Inc. of Cedar Rapids, Iowa, has answered the lawsuit, contending its driver was not speeding and did not breach a stop sign prior to the accident.

Starting at /week.