Truck carrying electrical transformers spills oil onto highway: Improper loading: Multiple fractures: Verdict

Law Reporter, Jun 2003

Miller v. Arrow Trucking Co., U.S. Dist. Ct., W.D. La., No. 2:00CV2747, Oct. 28, 2002.

Miller, 18, was riding in the backseat of her parents' car when an electrical transformer being transported on a truck ahead of their vehicle fell off the truck, spilling oil onto the highway. Her parents' car spun out of control and rolled over, ejecting Miller. A high school student, Miller suffered fractures to her femurs, humerus, pelvis, face, and right ankle, among other injuries. Her past medical expenses totaled approximately $196,700 and her future medical expenses are estimated at $262,000.

Miller and her parents sued the trucking company, the driver, and the manufacturer and shipper of the transformers, alleging negligent loading of the truck and securing of its cargo. Suit also alleged that the driver was improperly trained and failed to stop every 150 miles or three hours as required by federal motor carrier safety regulations. Miller's parents claimed emotional distress and loss of consortium.

Defendants stipulated to joint and several liability. A jury awarded approximately $2.3 million, including approximately $1.74 million to Miller, $150,300 to her mother, and $125,00 to her father. The court added about $288,400 in interest to the award.

Plaintiffs' experts were Barry L. Brunstein, motor transport safety, Brandon, Fla.; Jeffrey J. Peterson, vocational consulting/life care planning, Sulphur, La.; and Charles O. Bettinger, economics, Lake Charles, La.

Defendants' experts were John W. Grimes, vocational consulting, Lafayette, La., and Stuart Wood, economics, New Orleans, La.

Plaintiffs' Counsel

*Glenn W. Alexander, Cameron, La.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Alexander.