Sunday Gazette-Mail from Charleston, West Virginia on June 6, 1976 · Page 55
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June 6, 1976

Sunday Gazette-Mail from Charleston, West Virginia · Page 55

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Charleston, West Virginia
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Sunday, June 6, 1976
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Page 55
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I3D --June 6. 1976 Sunday Gazelle-Mail Virginia Cross-Town Cross-Conniry Cessna Pilot Education gets Federal Liability Case a Precedent of f the ground. | 0 s 9 · e e e 9 9 a a a · « e 6 a · » 9 e Snmber one IB pilot ednutlon lor some Tory dowo-to-oinfa ressons. Charleston's oldest and m o s t e x p e r i e n c e d Fly.no School FAA A'aproverj F! ; oril School Approves o Vefercns INC. Xanawha Airport Charleston, W.Va. 342-5646 e A e e e 9 * * · * o By Margaret Gentry WASHINGTON' i AP -The people who hired Willie Hall say he wasn't really qualified to drive the big tractor-trailer rig that smashed into Lawrence Malone's car. The trucking company says it wouldn't have hired the middleaged black man if it hadn't been for a court order requiring the firm to hire more black drivers. So if Hall was to blame for Malone's death, it wasn't the fault of the company but of the federal government, and the government ought to pay damages to the Malone family, the company contends. The novel legal attack on court-ordered hiring quotas has reached a federal judge in Cleveland. If the judge accepts the company's argument, the decision could have a significant impact on government efforts to open up jobs to blacks and other minorities in the trucking industry and other private enterprises. · * v THE JUSTICE DEPARTMENT has said there is no legal basis to support the company claim. "It just doesn't hold water." argued a government lawyer familiar with the case. But he said if the company wins, "it could open a whole new area of liability for the government." Malone's widow Monica and daughter Carol filed the suit against Hall and his employer. Shippers Dispatch Inc. of Cleveland. They seek $2.3 million in damages for Malcne's death and their own injuries. The Malones of Washington. D.C., were en route to a motel during a family vacation when their car collided with the truck on a Lorain County highway Sept. 3. 1975. The court has not yet determined whether the black truck driver was to blame for the collision. If the court finds Hall at fault, it could hold his employer liable for damages and force the firm to pay a substantial amount of money to the Malones. "In reading the case, it was apparent to me the wrong people, the company's stockholders, were being asked to pay," said Richard T. Reminger. the Cleveland attorney who represents Shippers Dispatch. REMINGER SAID he expects the case to reach the Supreme Court over the issue of government liability for damages caused by allegedly unqualified employes hired to meet goals imposed in civil rights cases. Reminger and the government law- yer said they believe this is the first case raising the issue. In a brief submitted to the judge. Reminger said Shippers Dispatch hired Hall as part of its effort to comply with a court order requiring t h a t more blacks and Spanish-speaking persons be employed as drivers. The ordnr was in the form of a consent decree signed by Shippers Dispatch and scores of other trucking firms to settle a Justice Department civil rights suit. The 1974 suit accused some 350 trucking firms, virtually the entire U.S. trucking industry, of illegal employment discrimination against blacks and Spanish-speaking persons. The case is still pending in a federal court in Washington a g a i n s t about 100 firms who refused to accept the consent decree. THE AGREEMENT setting out hiring quotas "drastically reduced the then-existing hiring standards and practices of Shippers Dispatch." the company brief said. "Hall is a nice guy. but he was just in over his head." Reminger said in a telephone interview. "In our opinion, he fell far short of being qualified to operate such a rig." he continued. " W i t h o u t the consent decree, he would not have been hired, not because he is black, but because he simply didn't have the experience and qualifications." The company brief suggested that government civil rights lawyers failed "to adequately consider the fact that decreasing hiring qualifications would correspondingly increase accident exposure to both the trucking industry and American citizens frequenting the nation's highways." The Justice Department has asked the court to dismiss the company motion to add the government as a defendant. The department argues that the company voluntarily signed the consent decree and that it cannot now challenge it. in such a roundabout way. Department lawyers also argue that federal law allows the government to pay damages only when federal employes cause injuries in the course of official duties. meet the professionals. . . winners of Connecticut Mutual Life Agency Development Award Outstanding in competence, outstanding in service, out- standina in growth-- the White Agency is honored as en outstanding life insurance organization and recipient cf the "Blue Chip" Symbol of quality. Continued excellence is the hallmork ot the White Agency. They are dedicated to their clients end will provide the best in products and service. With your support they can continue to add to the further grow. 1 !.". o ( your community and state. We take great pride in congratulating Peter S. White, CtU, for his leadership end oM it-embers of his ogency for their individual and collective achievement. Their hiah quality performance is 0 reflection of our Blue Chp standards of excellence AGENCY ASSOCIATES Peter 5. White, CLU General Agent Suite 807 Charleston National Plaza TomAzinger, CLU John Ballengee, CLU Edgar O. Barrett Emerson M. Davis Robert G. Dunnavant, CLU David E. Haden R. Homa Houehin, G.A.E. Richard Q. Smith J. KayeTrippy/CLU John Vance CONNECTICUT MUTUAL LIFE The Blue Chip Company Since 1846 OFFICES IN Charleston Princeton " Morgontown Huntington Parkersburg Kl IK! 1*1 tf' : 11 =v*,^ai I?! «! !S: 1S , Are Important Too FIRST SUMMER SESSION JUNE 9-JULY 9 DAY CLASSES 8:00-9:10 COLLEG Rodiologlc TedinolOgy Coortei . h - v On 8:00-10:00 SECOND SUMMER SESSION JULY 1 3 - A U G U S T 1 3 DAY CLASSES 8:00-10:00 8:30-15:00 3Mi P-. »iO-10:OO 9.00-10:10 9KJO-I5:00 10:00-1 lr.10 1 1 - I 8:50-10:00 10:90-11130 ·....'n.l-. .lul [ , V O 1:30-3:70 1:30.3:30 EVENING CLASSES 5:00-6:45 10:20-11:00 I r,. 1:10.3:30 1:30-3:20 1:30-3:30 EVENING CLASSES 5:00-6:45 * ^·". ^ 7:00-10:CXI '.'/,· VSi ::«.',·*·;,.-- ··'·.-, -:·: C K.i.yi 7 A I TfiACourttl ,.r,.^.-,p., Radio Course Jun* 13-Aixjutl B REGISTRATION AND ADMISSION INFORMATION Registrar's Office 346-9471, ext. 209 Admissions Office 346-9471,exL211 Morris Harvey College Charleston, W.Va. 25304 5 .10-8 p.rr. 9 0 ri! -4 p fr, r .\mx: B»!)ir. SPECIAL OPPORTUNITY TUITION fATMINT PLAN (\rr\l\ajrif)/r Tiid'OfiPayr.*rt P1f,n f- ing #ui ^ il Ol^» 01 ^46 9471, i-.dm-yi 2M

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