Austin Jury Finds Gross Negligence, Awards $3,250 in Hit-and-Run

On August 29, 2011, a pickup truck driver in downtown Austin, Texas, struck a sedan occupied by two plaintiffs after pulling out of a private drive. The driver then intentionally pushed the plaintiffs' vehicle out of the way, drove over a median, and fled the scene. A witness followed the truck, leading police to the driver, who later confessed to the hit-and-run. He was criminally charged with felony failure to stop and render aid and subsequently served a prison sentence after a probation violation.

The sedan occupants filed a civil lawsuit against the pickup driver, alleging negligence and gross negligence. They contended the driver failed to yield, kept an improper lookout, and was intoxicated, emphasizing his deliberate act of pushing their car and fleeing. Police testimony indicated the driver showed signs of intoxication at arrest. Claims against vehicle owners for negligent entrustment resulted in settlements with the plaintiffs. The defendant driver stipulated to ordinary negligence but disputed gross negligence, with his attorney arguing minimal injuries and limited financial capacity.

After a two-day trial, an Austin jury found the defendant driver grossly negligent and awarded the plaintiffs a total of $3,250. Jurors indicated gross negligence was based on the driver accelerating, pushing the plaintiffs' vehicle, and fleeing. However, they expressed sympathy for the defendant due to his criminal punishment and perceived inability to pay, concluding a higher punitive award would be "very punitive." The defendant was insured by Allstate Indemnity Co., and the defense later filed a motion for a take-nothing judgment, seeking a settlement credit.