Texas Court Awards $1,098,650 in Trucking Negligence

In October 2015, a plaintiff sustained personal injuries and property damage in Texas when a power cable fell onto their vehicle. The incident occurred after a truck, operated by an employee of Bennett Motor Express, LLC, and involved in moving an oversized load, crashed into the cable. The plaintiff filed a lawsuit against Bennett Motor Express, LLC, and other companies involved in the oversized transport, including Sapphire Rose Pilot Car, Inc., VersaBucket, LLC, and Gator Gone Safety Pilots. The plaintiff alleged negligence, including failure to maintain a proper lookout, failure to inspect the route, and negligent hiring and supervision by Bennett Motor Express, LLC.

The defendants filed general denials and asserted defenses such as unavoidable accident, intervening causation, and sudden emergency. During the proceedings, CenterPoint Energy, initially designated as a responsible third party, was later non-suited. The court granted a motion for directed verdict in favor of Sapphire Rose Pilot Car, Inc., and the plaintiff non-suited other parties, including the truck driver. A jury ultimately found Gator Gone Safety Pilots (15%), Bennett Motor Express, LLC (70%), and VersaBucket, LLC (15%) proximately caused the incident.

However, the court later granted the plaintiff's Motion for Judgment Non Obstante Veredicto, overriding the jury's allocation. In June 2019, the court found Gator Gone Safety Pilots solely liable. The court awarded the plaintiff $1,098,650.86 in damages, including past and future physical pain, impairment, disfigurement, loss of enjoyment, loss of earning capacity, medical expenses, property damage, and prejudgment interest. A subsequent motion to modify the judgment by Gator Gone Safety Pilots was denied.