Refugio County Jury Awards $11,275,666 in Commercial Truck Crash

In 2015, a vehicle operated by the plaintiff was struck head-on by a tractor-trailer on Highway 77 in Refugio County, Texas. Traveling southbound in rainy conditions, the plaintiff's vehicle was hit when a northbound tractor-trailer, leased to defendant RCX Solutions, Inc., hydroplaned across the median into southbound traffic. The collision caused the plaintiff extensive injuries, including a burnt left hand, a broken thigh bone, a broken right ankle, and a broken hip.

The plaintiff filed a lawsuit in the U.S. District Court for the Southern District of Texas against RCX Solutions, Inc. The plaintiff alleged negligence, negligence per se, and gross negligence under the Statutory Employer Doctrine, claiming the defendant was responsible for the tractor-trailer operator. The lawsuit sought damages for past and future medical care, lost earning capacity, physical pain and mental anguish, physical impairment, and disfigurement. The plaintiff's wife also sought damages for loss of consortium. The defendant argued it was merely a broker and not responsible for the operator's actions. The plaintiff countered by presenting evidence that the defendant did not possess a Department of Transportation Broker's license, which would prevent it from legally brokering the load.

After considering evidence, the jury was asked to determine if an arrangement existed between the tractor-trailer operator and the defendant for the use of the equipment. The jury found that such an arrangement did exist and concluded that the defendant vehicle's driver was negligent. In August 2017, the jury returned a verdict for the plaintiffs, awarding $7,586,590 in compensatory damages to the plaintiff and $3,689,076 to the plaintiff's wife for past and future loss of household services and loss of consortium, totaling $11,275,666.