Jury Awards $3.96 Million After Landfill Worker Falls From Unguarded Post

Aaron McNeil drove to the Texas Regional Landfill Co. facility in Travis County to drop off a load and get a receipt from the scale office. To reach the office, he had to cross to the scale platform. No catwalk existed, so McNeil balanced on a horizontal post spanning the gap. He fell.

The fall left McNeil with two serious injuries: a traumatic brain injury and a torn ligament in his dominant left elbow. Both required ongoing care. The economic losses alone, including past and future medical expenses and lost earning capacity, exceeded $346,000. The bulk of the jury's award reflected the pain, mental anguish, and physical impairment McNeil faced going forward.

DJC Law attorneys Charles Dunn, Mark Pierce, and Christine Londergan represented McNeil at trial in the 345th Civil District Court before Judge Jan Soifer. The defense, handled by Fee, Smith and Sharp, argued that the gap in the platform was an open and obvious condition McNeil should have recognized and avoided on his own.

The jury rejected that defense. Ten jurors found Texas Regional Landfill Co. 100% responsible for creating and maintaining a dangerous condition without any catwalk, barrier, or warning. The August 23, 2024 verdict totaled $3,962,887.05, including $3 million for past and future pain and mental anguish, $600,000 for physical impairment, $296,887.05 in medical expenses, $50,000 for lost earning capacity, and $16,000 for disfigurement.

No post-trial reduction or appeal decision has been reported as of the publication of this summary.