On March 3, 2017, final judgment was entered obtaining a hard-fought defense verdict in a trucking accident case with very difficult facts. The case, Brianna Parker v. Bill Melton Trucking, Inc., et al., was tried in Dallas federal court in front of Judge Fish where Richard Mosher and his team successfully convinced the jury to place almost all liability on a responsible third party.
The motor vehicle accident in question occurred on or about May 22, 2013. Bill Melton Trucking, LLC (trucking company) and Charles Edward Thacker (driver) picked up a flatbed load from an equipment shipper, Darr Equipment Co. Thacker drove the 15’10” load under a 14’7” underpass. The 18-wheeler and its load toppled onto its right side in the middle of I-35. The Plaintiff alleged that the forklifts hit her vehicle causing permanent bodily injuries and other damages.
Plaintiff sought over $1,000,000.00 in loss of earnings associated with her speaking career, alleging negligence, negligence per se, strict liability, gross negligence, and negligent entrustment. The plaintiff also sought instructions on spoliation of evidence which was thrown out shortly before trial.
Plaintiff’s pre-trial demand was $1,000,000.00. The eight person federal court jury returned a verdict of $110,000.00, placing (60%) of the liability on the designated Responsible Third Party, Darr Equipment Co. The jury did not find either Defendant liable for gross negligence.
This will be Rick Mosher’s second defense verdict obtained in the past month. Rick was assisted by Thompson Coe Associates Dirrell Jones and Chris Gabriel.