Court Awards $6.07 Million in Trucking Negligence Case

On July 16, 2019, a motor vehicle accident occurred when the plaintiff took evasive action to avoid an overturning Freightliner truck driven by a defendant. The plaintiff sustained injuries to the right foot/ankle, head, and back, requiring multiple surgeries. In March 2021, the plaintiff filed a lawsuit alleging negligence against the truck driver and claims of negligent hiring, training, entrustment, retention, and maintenance against several transport companies. The complaint also included vicarious liability claims, demands for punitive damages, and allegations of illegal and double brokering against some defendant companies and individuals who operated multiple trucking companies with histories of safety violations.

In December 2021, an insurer filed a motion for summary judgment, arguing its payment obligations under an MCS-90 bond had been exhausted through a prior settlement. The court granted the motion, finding that the insurer's voluntary settlement constituted a final judgment under the endorsement and that the liability limit applied per accident, not per vehicle. In October 2022, the plaintiff filed a motion for partial summary judgment regarding the negligence claim against the truck driver, which the court granted after the driver failed to respond, establishing the driver's negligence.

The court issued its final judgment in February 2023, finding the truck driver liable for negligence and the defaulting defendant companies and individuals liable for negligent hiring, training, entrustment, retention, maintenance, and vicarious liability. The court apportioned fault 50% to the driver and 50% to the defaulting defendants. The plaintiff was awarded a total judgment of $1,505,400.21 against the driver for medical expenses and pain and suffering. Against the defaulting defendants, the plaintiff was awarded a total judgment of $4,565,120.42, which included compensatory damages, attorney's fees, and punitive damages.