Montgomery County Jury Awards $2,925,450 in Truck Negligence Case

In January 2014, a rancher sustained injuries at the entrance to his Montgomery property, which was adjacent to Jackson Road. The plaintiff had an access agreement with an energy company, Primoris Energy Services, for a pipeline construction project. After hearing that a tractor-trailer had damaged his front gate, the plaintiff arrived on his all-terrain vehicle (ATV) to make a phone call to project management. During this time, an 18-wheeler, operated by a driver for Montgomery Trucking Co. LLC, began to reverse, colliding with the plaintiff's ATV and pushing it approximately 15 feet.

The plaintiff filed a lawsuit against Montgomery Trucking Co. LLC, the driver, and Primoris Energy Services, alleging negligence. The plaintiff claimed the driver operated the vehicle unsafely by failing to see him and that Primoris Energy was negligent in providing inadequate site safety, failing to employ spotters, and ignoring requests for a dedicated construction entrance. An accident reconstruction expert for the plaintiff testified that the driver’s reversal was unsafe, while a treating neurosurgeon linked the plaintiff's cervical disc herniations and subsequent four-level spinal fusion to the collision. A ranch operations expert also testified about the economic impact on the plaintiff's business due to his injuries.

Attorneys for Montgomery Trucking and the driver denied liability, arguing that Primoris Energy's employees failed to ensure safety and that the plaintiff was contributorily negligent for being distracted on his phone and failing to perceive the truck. They also disputed that the truck struck the ATV. Primoris Energy also denied liability and asserted the plaintiff's contributory negligence. Defense experts, including a biomechanical expert, argued the impact speed was insufficient to cause the alleged injuries, while a neurosurgeon contended that the plaintiff's cervical conditions were pre-existing and that the surgery was unnecessary.

After a five-day trial, a jury found in favor of the plaintiff, awarding $2,955,000. The jury determined Montgomery Trucking was 35 percent liable, Primoris Energy Services was 64 percent liable, and the plaintiff was 1 percent liable. The award was reduced to $2,925,450 to reflect the plaintiff's comparative liability. Post-trial motions were anticipated from defense counsel. An indemnity agreement stipulated that Primoris Energy would be indemnified by Montgomery Trucking’s insurers.