Pecos Jury Awards $210,350 in DWI Parking Lot Collision

In February 2017, the plaintiff's Chevrolet Camaro was struck by a pickup truck in a hotel parking lot in Pecos, Texas. The driver of the truck, who was unlicensed and later arrested for driving while intoxicated after fleeing the scene, was at the hotel for business on behalf of his employer, American Tank Co., which owned the vehicle. The Camaro sustained damage, prompting the plaintiff to seek repairs.

The plaintiff and her daughter initially sued the driver and American Tank Co., alleging negligence and gross negligence in the operation of the vehicle and in the company's hiring, retention, management, and supervision of the driver. The daughter's claim was later dropped. The driver did not attend the trial but had previously invoked Fifth Amendment rights during deposition, though he claimed a co-worker had given him the keys to return the truck.

American Tank Co. did not dispute the driver's negligence but denied gross negligence and direct negligence against the company, asserting the driver was not authorized to use the vehicle. The company acknowledged awareness of the driver's prior DWI conviction but argued it was irrelevant because he was not hired as a driver. However, the company owner inadvertently disclosed the prior DWI during trial despite a court ruling, and evidence showed the company did not reprimand the driver.

Following a two-day trial, the jury found both defendants negligent and grossly negligent. The jury assigned 70 percent comparative responsibility to American Tank Co. and 30 percent to the driver. The plaintiff was awarded $210,350, including $10,000 for repair costs, $4,500 for diminution in value, $9,000 for loss of use, $6,500 for towing, $350 for storage, and punitive damages of $80,000 against American Tank Co. and $100,000 against the driver.