$17 Million Verdict Against XPO Logistics After 18-Wheeler Killed Canadian Family on I-95

On the evening of March 21, 2015, Jeremiah Cross, a 34-year-old private in the Canadian Army, was driving north on Interstate 95 in Florence County, South Carolina, with his wife Crystal, 32, and their infant son. Traffic had slowed ahead for an active construction zone. Multiple posted signs warned drivers approaching from the south to reduce speed.

Timothy Groshans, driving an 18-wheeler for XPO Express, Inc. and XPO Logistics, Inc., was behind the Cross family vehicle, maintaining 70 miles per hour on cruise control. He passed every warning sign without lifting off the throttle. His truck struck the Cross family's 2008 Honda CR-V and several other vehicles. The collision and the fire that followed killed all three members of the family.

Valerie Steele, Jeremiah's mother, filed suit as personal representative of the estates. The case was assigned docket number 2:15-cv-02480 in U.S. District Court for the District of South Carolina, Charleston Division, before Judge Bruce Bowe Hendricks.

Joye Law Firm trial counsel Mark C. Joye and Mark Bringardner, with managing partner Ken Harrell, built their case on three pillars. The truck left no skid marks before the point of impact, showing Groshans never attempted to brake. He had ignored at least two posted warnings about the construction zone and the reduced speed limit. And he refused post-crash alcohol testing, which plaintiffs presented to the jury as evidence supporting their impairment theory. XPO, ranked among the ten largest trucking and logistics companies in the world, had offered $13 million to settle before trial. The plaintiffs declined.

The jury deliberated for two days after eight days of testimony and returned a $17 million verdict on May 3, 2018. Jurors placed 70 percent of fault on Groshans and divided the remaining 30 percent equally between XPO Express and XPO Logistics. The award broke down as $12 million to the estates of Jeremiah and his infant son and $5 million to Crystal's estate. South Carolina Lawyers Weekly ranked it the top verdict in the state for 2018. No post-judgment reduction or remittitur has been reported in available public records.