Archer County Jury Awards $7,059,782.61 in Roadway Negligence

On April 12, 2012, a loaded 18-wheeler, driven by the plaintiff, overturned on Bell Road at a wind farm construction project in Archer County. The incident occurred in a section of roadway that remained 12 to 15 feet wide without shoulders, despite most of the road having been widened to 20 feet with sloping shoulders. The plaintiff, approaching this narrow section, moved to the right to avoid an oncoming unloaded 18-wheeler and went off the roadway. The plaintiff claimed to have suffered head and back injuries.

The plaintiff filed a lawsuit against M.A. Mortenson Co., the general contractor, alleging negligence in roadway revision that created a dangerous condition. Also named were a subcontractor, J.H. Strain & Sons Inc. and its principal, other truckers, and their associated trucking companies, alleging negligent vehicle operation. Most defendants, including the subcontractor, other truckers, and their companies, negotiated pretrial settlements with undisclosed terms. Claims against some truckers and entities were non-suited by the plaintiff's counsel. The case proceeded to trial solely against M.A. Mortenson Co.

During the four-day trial, the plaintiff's experts testified that the unwidened section violated engineering plans and Texas Department of Transportation standards, contending M.A. Mortenson's decision to forgo widening this specific area, despite a safety director's instruction not to widen it, created an unsafe roadway with inadequate traffic control. M.A. Mortenson Co. argued that oncoming drivers violated the traffic-control plan and were solely responsible, and that the plaintiff failed to brake timely. Defense experts opined that engineering plans were followed, traffic control was adequate, and the plaintiff's claimed injuries were mild, pre-existing, or exaggerated for litigation.

After 2.25 hours of deliberation, the jury returned a 10-2 verdict, finding M.A. Mortenson Co. 75 percent negligent. The jury also assigned 10 percent negligence to the oncoming trucker, 10 percent to the plaintiff's employer, and 5 percent to Charlie Martin Trucking and its driver. The jury found no negligence on the part of the plaintiff or J.H. Strain & Sons. The plaintiff was awarded $7,059,782.61 in damages.