SAN JOSE - A couple are suing FedEx Freight for property damage allegedly caused by a semi-truck.
Ronald R. Rossi and Dawne D. Rossi filed a lawsuit on Jan. 26 in Santa Clara Superior Court against FedEx Freight, Inc. and Does 1-10 For damage to real property, negligence and loss of use of real property.
According to the lawsuit, On Sept. 30, 2020, Defendant used a large-scale 18-wheeler truck when attempting to deliver roofing materials to the property owned by the Rossis. Dawne Rossi allegedly told the driver she believed the truck was too heavy to go up the concrete driveway, but the driver proceeded.
The weight of the truck damaged the concrete and cracked slabs in multiple places, the suit says. Portions of the concrete are now significantly degraded due to the truck’s weight, the suit says. The Rossis say they have made multiple communications with Sedgwick Insurance on behalf of FedEx Freight, but no amount has been paid for the direct damage done on the property.
Plaintiff suffered loss of use of real property due to the damages.
The Rossis seek general damages, special damages in the amount of $199,100 for the replacement of the driveway, $92,694 for a loss of use of real property and punitive and exemplary damages. The Rossis are represented by Ronald R. Rossi.
Santa Clara Superior Court case number 22-CV-393752