San Patricio County Jury Awards $2.4M for Fatal Trucking Negligence

On January 8, 2014, a 50-year-old refinery worker died in San Patricio County when his vehicle struck an oversize steel plate extending from an 18-wheeler. The tractor-trailer was stopped in a crossover lane on an unlit Highway 361 at night. The plate, an oversize load, extended nine feet off the back of the truck, partially blocking the worker's lane. The truck driver had not obtained a required permit, which would have prohibited night transport of the load.

The decedent's widow and three adult children filed a negligence lawsuit against the truck driver, his employer (a trucking company), a transportation broker who arranged the shipment, and a warehousing company that loaded the plate. The plate owner settled for a confidential amount before trial, and the warehousing company settled during trial. The plaintiffs alleged the driver was negligent for transporting the load without a permit and at night, and that the trucking company and broker were negligent in hiring, training, supervising, retaining, and entrusting the driver, citing the driver's poor driving history. They also claimed the broker had a duty to ensure the permit was obtained and exercised sufficient control to be vicariously liable.

The trucking company and driver largely did not dispute liability but argued the warehousing company and broker were also negligent. The driver admitted he avoided obtaining a permit to save money. The broker denied negligence, contending that the trucking company, as an independent contractor, was solely responsible for hiring and training safe drivers and obtaining permits. The broker argued it vetted carriers but had no duty or means to check individual drivers' records.

After an eight-day trial, the jury found the trucking company and driver each 40 percent negligent, and the warehousing company 20 percent negligent. The jury did not find the transportation broker negligent. The plaintiffs were awarded $2.4 million in total damages, including punitive damages against the trucking company and driver. Due to the warehousing company's prior settlement, the plaintiffs recovered the portion of the verdict owed by the trucking company and driver.