Hartline Dacus Barger Dreyer LLP Attorneys Win Wrongful Death Jury Trial

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Hartline Dacus Barger Dreyer LLP attorneys, Darrell Barger and Eddy Davis, successfully defended Texas Premier Resources, LLC in a week-long wrongful death jury trial in Cleburne, Texas.

According to court documents, on the night of December 26, 2010, a truck driver for Texas Premier Resources, LLC (Premier) accidentally pulled into the wrong saltwater storage site. Once the driver realized he was in the wrong location, he exited the storage site by turning left onto a county road. In the process of this maneuver, the back tires of the truck slid into the ditch alongside the road, causing the rig trailer to block oncoming traffic. Shortly afterward, a pickup crashed underneath the Premier rig trailer causing the driver to die on impact. It was discovered after the accident that the Premier truck driver was driving with a suspended commercial driver’s license.

The plaintiff, the mother of the deceased driver, filed suit against the Premier truck driver, claiming that he was negligent for making an ill-advised and unsafe left turn from the private road without having a full understanding of the narrowness of the road, failing to yield the right-of-way to her son and failing to properly warn her son in the moments before the crash. According to court documents, the plaintiff also told the jury that Premier was negligent because the company had failed to run a driver history check on the truck driver after he was hired. She stated that this would have revealed his license was suspended, in which case he should not have been driving.

According to court documents, the plaintiff claimed she suffered from mental anguish and loss of companionship and society associated with the death of her son in the past and will continue to well into the future. The mother’s counsel asked the jury to award her $5 million for past and future damages.

According to court documents, on November 2, 2012, the Johnson County jury returned a defense verdict after only three hours of deliberations. The jury found, by a vote of 10-2, that the truck driver was not negligent in causing the accident and that the decedent was the only negligent party that night.

Hartline Dacus Barger Dreyer LLP is a Texas-based law firm specializing in civil litigation and trials, with offices in Dallas, Corpus Christi and Houston. The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, intellectual property, personal-injury defense, premises liability, labor and employment, insurance coverage, healthcare, construction, and dealer/franchise litigation. For more information about HDBD, visit http://www.hdbdlaw.com.

SOURCE: Hartline Dacus Barger Dreyer LLP
CAUSE/CASE NO: C201100149
COURT: 249TH Judicial District Court of Johnson County, Texas
JUDGE: Vicki Isaacks

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Pryce G. Tucker

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