Marikate Maggio, an 18-year-old student, was driving a Mini Cooper on a highway when she arrived at an intersection with a traffic light. She attempted to turn left when a tractor-trailer driven by Miguel Garcia-Moreno crashed into her vehicle. Maggio suffered traumatic injuries and died twenty minutes later. She was survived by her mother.
Maggio’s mother, individually and on behalf of Maggio’s estate, sued Garcia-Moreno’s employer, 48Forty Solutions LLC, claiming negligent retention and choosing not to perform a proper background check on Garcia-Moreno or providing him with adequate supervision and training.
The Maggios maintained that the dashcam would have showed Garcia-Moreno had run a red light. The Maggios also alleged that the defendant trucking company had written up Garcia-Moreno three times for preventable collisions in addition to other preventable incidences that allegedly occurred while Garcia-Moreno was working for other trucking companies.