Blankenbaker v. Ingram
This action is an appeal from a wrongful death/personal injury lawsuit that resulted from a fatal rear-end collision on Interstate 40 (I-40) near Newberry Springs. On April 4, 1997, plaintiff Terry Blankenbaker and his wife Norma[1]were driving with their friends, plaintiffs Raymond Ed and Denise Shipley (the Shipleys), eastbound on I-40 between Barstow and Needles on their way to Laughlin. Blankenbaker came over a hill and noticed that the cars in front of him had their brake lights illuminated, a tractor-trailer had its flashers activated, and there was a flashing yellow light nearby (which was later determined to be an accident between a tour bus and a car). As Blankenbaker slowed to approximately five miles per hour and came up behind the tractor-trailer, his car was suddenly enveloped in a cloud of dust and sand. Blankenbaker pumped his brakes several times in order to warn drivers behind him.
At the same time, Ingram was driving behind Blankenbaker with her friend Janet Jarrett (Jarrett). They were on their way home after a whirlwind driving trip from Oklahoma to San Diego. Ingram never saw the lights that Blankenbaker observed. Suddenly Ingrams car entered the dust storm that had drifted across the road. She immediately impacted the car containing Blankenbaker, Norma, and the Shipleys. Norma was killed in the accident. Blankenbaker, the Shipleys, Ingram, and Jarrett all suffered injuries.
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