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Temp Worker Behind Wheel Of Sanitation Truck Involved In Fatal Crash

Posted: 5:24 pm EST November 30, 2009Updated: 5:48 pm EST November 30, 2009

Police in Charlotte have yet to submit a report on the Nov. 27 fatal crash that involved a city dump truck, or explain why they believe the city sanitation truck flipped over as the driver turned from the Billy Graham Parkway onto West Boulevard.

The truck landed on an SUV that was waiting at the stoplight.

The impact was enough to kill the driver of the SUV and injure the passengers.

One of the passengers was still at Carolinas Medical Center Monday and in good condition.

But as that passenger heals and the driver's family grieves, there remain questions about the driver of the sanitation truck that flipped over.

Malaki Ysrayl wasn't a city employee, but a temporary worker supplied by Metro Staffing, a Charlotte staffing company.

When Eyewitness News talked to attorneys and insurance agents about the accident, they said North Carolina law specifies that insurance follows the owner of the vehicle, not the driver.

Since the city of Charlotte owns the sanitation truck, it could be financially liable for the accident.

“I haven’t looked at the case yet,” Mac Mccarley, city attorney, said. “I don’t want to speculate on potential liability."

The two others working on the sanitation truck at the time of the crash are city employees. According to city policy, they won’t work on city trucks again until an internal investigation of the accident is completed.

The owner of Metro Staffing said Ysrayl had a commercial driver’s license and met the city's qualifications. But Eyewitness News learned that Ysrayl is no longer working for any of Metro's clients.

A city spokesperson told Eyewitness News it will continue to work with Metro Staffing as both police and internal investigations continue.

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