$2.5 Million Verdict for Widow After Semi-Truck Killed Stranded Motorist on I-15

On a Utah interstate, a man pulled his vehicle onto the I-15 shoulder after it broke down. He took precautions: emergency flashers on, an orange safety flag displayed, a headlamp worn. Despite those steps, a New Prime, Inc. semi-truck drifted from the travel lane into the shoulder. The truck's passenger-side mirror struck him in the head. He died from his injuries.

His widow filed a wrongful death lawsuit in the Second District Court of Weber County. The case named the truck driver and New Prime as defendants. Plaintiffs alleged that the driver operated the vehicle negligently and that New Prime failed to adequately train the driver before putting her on the road, a theory supporting claims of negligent entrustment and vicarious liability.

Nathan S. Morris of Eisenberg, Cutt, Kendell & Olson led the case for the plaintiff, with firm colleague Lena Daggs also on the trial team. The defense contested liability and argued the decedent had moved into the truck's lane of travel. The defense also contended that the decedent had been seriously intoxicated at the time and had a history of alcohol abuse, arguing the accident was not the result of driver negligence. The trial court excluded that evidence, finding the risk of unfair prejudice substantially outweighed its probative value.

In March 2019, the jury found for the plaintiff and awarded $2.5 million in non-economic damages. It apportioned fault at 55 percent to the driver, 20 percent to New Prime, and 25 percent to Wallace. After the comparative-fault reduction, the widow and Wallace's two surviving children were awarded $1.875 million. The result placed the case among the larger wrongful death verdicts of that year.

The defense appealed. On February 4, 2021, the Utah Court of Appeals reversed the verdict and remanded for a new trial, holding that the trial court abused its discretion by excluding the intoxication and alcohol-abuse evidence. The appellate court found that exclusion of that evidence prejudiced the defense's ability to present its theory of the case. The original $2.5 million jury verdict therefore did not survive the appellate process.