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MehaffyWeber earns complete defense verdict win for highway contractor client
POSTED JULY 18, 2022
After a two-week in-person jury trial in Kleberg County (Kingsville, Texas), Mike Magee and Brian Armstrong, MehaffyWeber shareholders received a complete defense verdict in a negligence/death case for their client, Hunter Industries, Ltd. (“Hunter”). In February 2017, two young men were driving together on a clear afternoon in Refugio County on US 77 when their vehicle ran off the road and vaulted into the San Antonio River. Tragically, both young men drowned. The families of the driver and passenger both filed suit against Hunter (and sub-contractor, Roadsafe Traffic Systems), which was accused of not timely installing pavement markings on a stretch of newly resurfaced asphalt road where the accident occurred and thereby causing the accident. This was a significant win.
Plaintiffs argued that had a white edge line been present on US 77, the accident would not have occurred. Further, they argued that Hunter improperly installed the adjacent pavement edge backfill.
Hunter/Roadsafe argued Oloba fell asleep while operating the Chevy Cruze.
After a two-week in-person trial, the jury assigned no negligence to Hunter and Roadsafe, finding Oloba negligent with his conduct and the sole cause of the accident.
Plaintiffs argued for approximately $450 million. Result: Zero Recovery.