$84.25 millionVerdict

$84.25 Million Verdict Against U-Haul After Truck Crushes Renter

Verdict · Dallas County, Texas · 2008

Won by Loncar Lyon Jenkins.

A Dallas jury awarded $84.25 million in 2008 after a 26-foot U-Haul truck with a failed parking brake rolled over Talmadge Waldrip, leaving him bedridden and requiring round-the-clock care.

What happened

On September 20, 2006, Talmadge Waldrip was moving belongings with a 1988 U-Haul jumbo hauler that had logged more than 234,000 miles. As he exited the truck on a sloped surface, the vehicle rolled backward, knocked him to the ground, and dragged him a short distance. The truck's weight crushed his mid-section, destroying his spine, bladder, bowels, and pelvis.

Waldrip survived, but the injuries were catastrophic. He spent eight months in the hospital. Afterward he was bedridden roughly twenty hours a day, could not walk, had no bladder or bowel control, and required a feeding tube and catheter along with an attendant every half hour. Medical expenses exceeded four million dollars and ongoing care continued indefinitely.

Experts agreed the parking brake was inoperable due to leaking transmission fluid, though they disputed the precise cause. Evidence at trial showed previous renters had reported the truck's instability and that inspections had been performed by a manager with no mechanical training. The firm argued that U-Haul's corporate structure allowed dangerous trucks to stay in service through inadequate maintenance oversight.

After three weeks of testimony, the Dallas County jury found U-Haul International, U-Haul Co. of Texas, and the contract dealer all negligent. It also found U-Haul International and U-Haul Co. of Texas grossly negligent. The total award came to $84.25 million, ranking it among the largest verdicts in the country that year.

Texas tort reform caps on punitive damages reduced the trial court judgment to approximately $45.7 million. On appeal, the Dallas Fifth Court of Appeals reversed the gross negligence finding against U-Haul International, eliminating roughly $11.1 million in punitive damages, while affirming all compensatory awards and the gross negligence finding against U-Haul Co. of Texas. The case reached the Texas Supreme Court in 2012 on questions about evidentiary standards for gross negligence. Ted Lyon of what is now Loncar Lyon Jenkins represented Waldrip throughout.

Sources

This account is drawn from contemporaneous public reporting and the court record.