$8.5 Million Verdict for Software Executive Who Fell Into Steel Container at Waste Transfer Station

On June 5, 2021, Judith Kent and her wife drove to Eco Depot, a solid waste transfer station in Bee Cave, Texas, to drop off lumber and a washing machine. Facility staff directed Kent to back her pickup truck to the edge of an unguarded dock where a ten-foot drop led straight into an open steel container. When she climbed into the truck bed to unload, the tailgate swung open and she fell head-first into the pit.

Kent, a high-earning software executive, struck the bottom of the container and sustained a traumatic brain injury along with aggravation of preexisting neck and back conditions. The fall required hospitalization and left her with lasting cognitive and physical impairments that affected her work and daily life.

Michael R. Cowen and Sonia M. Rodriguez of Cowen Rodriguez Peacock (San Antonio) handled the case for the plaintiff. At trial, the defense argued the drop-off was an open and obvious hazard. The trial team defeated that argument by establishing a 'necessary use' exception: Kent had no choice but to approach the dock to comply with facility instructions, so the open-and-obvious rule could not insulate the defendants from liability.

To demonstrate the depth of Kent's cognitive losses, counsel relied on witnesses who knew her before and after the injury rather than solely on paid medical experts. Testimony from colleagues and family members anchored the damages case in concrete, observable changes in her life.

The jury deliberated for roughly 2.5 hours before returning a unanimous verdict. It assigned liability as follows: Texas Landfill Management, LLC (65%), Texas Disposal Systems, Inc. (20%), Texas Disposal Systems Landfill, Inc. (5%), and Kent herself (10%). The damages breakdown was $2 million for past pain and mental anguish, $1 million for future pain and mental anguish, $2 million for past physical impairment, $1 million for future physical impairment, and $2.5 million for future medical expenses, totaling $8.5 million before application of the 10% comparative fault reduction.