DRI members Roy L. Stacy and David G. Allen, partners in the Dallas office of Stacy & Conder LLP, recently obtained a defense verdict on behalf of Rasberry Transportation, Inc., following a week long trial in Kaufman, Texas. The case arose from a truck/auto accident where a Raspberry truck and trailer loaded with sand struck a vehicle driven by a retired circus performer as he was making a left turn. Following the impact between the vehicles, the Rasberry truck and trailer left the roadway, crossed a ditch, struck a pipe fence and knocked over a tree. The truck then caught fire before striking a mobile home. The mobile home and its contents were destroyed by the fire. Both the driver and the owner of the mobile home brought suit.
The plaintiff driver was taken from the scene by Care Flight and suffered fractures to both arms and multiple ribs, as well as an injury to his right ankle. He sought damages of $200,000. The owner of the mobile home claimed non-heirloom personal property losses of $87,000 and heirloom personal property loss between $267,000 and $870,000. The heirloom personal property destroyed in the fire included the cremated ashes of the owner’s father.
The plaintiffs contended that the accident was caused because Rasberry’s driver was exceeding the speed limit and the trailer exceeded the applicable weight limits. In defense, Mr. Stacy and Mr. Allen contended that the sole cause of the accident was the plaintiff driver’s improper left turn.
The jury returned a verdict in favor of Rasberry, finding that the plaintiff driver’s negligence was the sole cause of the accident.