Christy Crowe Childers · Maxey Scherr · Przemek Lubecki
Trucking Traumatic Brain Injury Case: Last minute Broker Settlement results in a Strategy Switch-up on the Courthouse Steps, $16.86 Million Verdict
November 5, 2024 6:30 PM||TLU n Demand
On May 12, 2021, Ruben Mendoza’s vehicle broke down on the side of Interstate 20. A sleepy elderly truck driver employed by DSX crashed into Mr. Mendoza’s vehicle. However, through discovery it was revealed that the purported broker, TF Dedicated, was acting as the de facto motor carrier. A week before trial the truck driver, her employer, and the purported broker settled with the Plaintiff Mr. Mendoza for $11,005,000.00. With only a week left before trial, the team switched target defendants, proceeding against the remaining Defendant, Mendoza’s Employer, Titan Transport. In a flurry of strategy adjustments, Plaintiff’s Counsel submitted a new jury charge, exhibit list, witness list, deposition designations, motions in limine, motion to exclude and all new objections to Defendant’s filings. Plaintiff’s attorneys developed new demonstrative evidence and compiled new voir dire, opening, closing and testimony plan of action.
The case dealt with the following issues:
- Trucking liability issues
- Finding the Hidden Motor Carrier
- Defeating Broker Defenses and showing the Broker as the de facto Motor Carrier
- Electronic Log Device requirements (ELD system was broken for over three months)
- Falsified driver logs
- Violations of various Federal Motor Carrier Safety Regulations and showing causation therefrom
- Proving a traumatic brain injury in an otherwise “normal” looking plaintiff
- Defending a life care plan with future damages much later in life of the plaintiff
- Coming up with a brand-new trial strategy in one week.
- Going to trial with no deposition or experts against the new target defendant
- Presenting the damages story in a traumatic brain injury case without the plaintiff
- Preparing and presenting lay damage witnesses in brain injury cases
- Collecting on a judgment when the company refuses to pay
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