Jarad Kent (Partner-Tyler, TX/Dallas) and Morgan Wood (Of Counsel-Tyler, TX/Dallas) secured a significant, near-complete defense victory in the 134th Judicial District Court, Dallas County, Texas, on behalf of Wilson Elser’s clients, one of the largest temperature-controlled trucking companies nationwide and its driver. The commercial trucking matter arose from an August 2022 accident in which the plaintiff alleged that the driver’s negligence caused the accident and resulted in serious injuries requiring extensive medical treatment. The plaintiff sought $15 million in damages.

Following a week-long trial, the jury returned an 11‒1 verdict, finding the plaintiff 40 percent responsible for the accident and awarding just $10,814 ‒ solely for past physical pain and suffering. The jury rejected every other category of claimed damages, awarding nothing for past and future medical expenses, future physical pain, past and future mental anguish, or past and future physical impairment. After applying the 40 percent contributory negligence reduction, the plaintiff’s net recovery is reduced to approximately $6,488, representing a 99.96 percent reduction from the $15 million sought at trial. The result is a decisive win for our clients in a case in which plaintiff's counsel asked the jury to return an eight-figure verdict.