Tractor-trailer rear-ends stopped car: Improper lookout: Wrongful death: Settlement

Law Reporter, Jun 2004

Thai v. Con-Way Transp. Servs., Inc., Tex., Cameron County 107th Jud. Dist. Ct., No. 2001-10-4445-A, Jan. 2004.

Thai, 25, was stopped on a highway due to an accident further ahead. A truck traveling behind Thai rear-ended her vehicle, causing it to catch fire. Thai suffered fatal injuries. She is survived by her husband and minor daughter. Thai had been a nail technician earning about $11,000 annually.

Thai's husband, individually and on behalf of her daughter, sued the trucking company and the truck driver, alleging negligence in failing to keep a proper lookout and stop with traffic. Defendant countered that there should have been signs warning motorists of the stopped traffic.

The parties settled during mediation for approximately $3.34 million. The trucking company will pay the entire settlement amount.

Plaintiffs' experts in this case were Richard Bean, economics, Houston, Tex.; Nancy A. McGarrah, psychology, Atlanta, Ga.; and David A. Stopper, accident reconstruction, Broad Run, Va.

Plaintiffs' Counsel

* Robert E. Ammons, Houston, Tex.

Tammy Tran, Houston, Tex.