$71.95 millionVerdict

$71.95 Million Verdict for Family of Electrician Killed in Irving Scissor-Lift Collision

Verdict · 44th Civil District Court, Dallas County, TX (Case No. DC-19-16959) · 2024

Won by Aldous Law.

A Dallas jury awarded $71.95 million to the widow and four children of electrician Hernan Murillo, killed at an Irving Frito-Lay warehouse in 2019 when a boom lift struck his elevated scissor lift.

What happened

In 2019, Hernan Murillo, a 40-year-old electrician, was performing work about 30 feet in the air on a scissor lift inside a Frito-Lay warehouse in Irving, Texas. A boom lift operated by another worker backed into the extended scissor lift, toppling it. Murillo fell to the concrete floor and died from his injuries. The collision was captured on the facility's video system.

Murillo's widow, Laura Lopez, brought suit on behalf of herself and the couple's four children against Walker Engineering Inc. and its affiliated company Walker Industrial LLC, the contractors responsible for the boom lift operator. The case worked through the courts for years. Frito-Lay and general contractor Haskell Company reached a separate settlement in 2022, with $2.4 million set aside for Murillo's children.

The claims against Walker Engineering proceeded to a three-week jury trial in Dallas County's 44th Civil District Court before Judge Veretta Frazier. Attorneys Charla Aldous, Eleanor Aldous, Caleb Miller, and Brent Walker of Aldous Walker LLP, along with co-counsel M. Kevin Queenan and Carlos Lopez of the Queenan Law Firm, argued that Walker Engineering permitted an unqualified employee to operate the boom lift. The firm presented the Frito-Lay video footage showing how the collision occurred.

The defense contended the boom lift operator belonged to Walker Industrial, a legally separate entity, and that Murillo bore responsibility for positioning the scissor lift near the boom lift. Walker Industrial had been dismissed before trial but remained a focus of the defense's liability argument. Defense counsel offered $1.25 million to settle during trial, up from an earlier $1 million offer.

After three days of deliberations, the jury found Walker Engineering 65 percent liable and Walker Industrial 35 percent liable. Under Texas joint and several liability law, Walker Engineering was held responsible for the full award. On April 25, 2024, the jury returned a verdict of $71.95 million, far exceeding the defense's pre-trial damages estimate of approximately $6 million.

Sources

This account is drawn from contemporaneous public reporting and the court record.