$15.57 Million Verdict Against Drunk Trucker and Freight Broker J.B. Hunt
Won by Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig.
A Philadelphia jury held J.B. Hunt Transport 40% liable for catastrophic injuries to a roadside pedestrian after finding the freight broker failed to screen its independent-contractor driver, who was operating with a blood alcohol level more than four times the commercial legal limit.
What happened
On the night of November 19, 2013, Isaac Espinoza pulled over on the shoulder of Interstate 81 in Gilford Township, near Chambersburg, Pennsylvania, to help a friend whose car had broken down. He was lawfully standing on the shoulder when a tractor-trailer driven by Ricky Hatfield veered out of the travel lanes and struck him and his friend.
Hatfield's blood alcohol content measured .171, more than four times the legal limit for commercial vehicle operators. He fled on foot before police arrived. When officers caught him, the tests revealed a driving history that should have ended his commercial career long before that night: a prior DUI while operating a tractor-trailer, a reckless driving conviction, and a prior termination from a trucking employer for failing a drug and alcohol screening, during which he reportedly attempted to bribe the test administrator.
Espinoza survived, but the collision left him with catastrophic, permanent injuries. His right arm was rendered completely non-functional. The left arm had only limited use. He suffered multiple pelvic fractures, a ruptured diaphragm, multiple cervical fractures requiring fusion surgery, and a traumatic brain injury. He requires around-the-clock attendant care, which his family provides at home.
Feldman Shepherd, led by Alan M. Feldman, argued at trial that J.B. Hunt, which had contracted with Hatfield as an independent contractor to haul the load, bore responsibility for what its own background check would have revealed. The firm presented evidence that a basic vetting inquiry into Hatfield's commercial driving record would have surfaced the prior DUI, the reckless driving charge, and the drug-test failure, any one of which should have disqualified him.
After a three-week trial, the jury agreed. It apportioned 60% of fault to Hatfield and 40% to J.B. Hunt Transport. The total verdict came to $15.57 million. No post-trial reduction has been publicly reported.
Sources
This account is drawn from contemporaneous public reporting and the court record.