Ethan Bryant, 16, was driving his pickup truck on a highway. When he entered a controlled intersection on a green light, a loaded gravel truck driven by Chad McCarty struck the driver’s side of the pickup at about 50 mph.
Bryant suffered severe brain injuries, and a 16-year-old passenger in his vehicle was killed. Bryant was comatose for eight months and developed a disorder that limits oxygen to his brain. He now suffers from quadriplegia and periodic seizures and will require 24-hour care for life.
He has regained enough cognitive ability to communicate, although he has trouble being understood. He also has problems with long- and short-term memory and severe problems with mood and impulse control. He initially progressed enough to graduate from high school and planned to take some college courses, but the onset of the seizures erased most of his progress.
Bryant’s past medical expenses exceeded $1 million, and his future medical expenses are estimated at about $10 million. His lost future earning capacity is estimated at between $5 million and $7 million.
After the incident, McCarty claimed that he attempted to brake but that the weight of the truck—which evidence showed was just under 73,600 pounds, while the limit under Mississippi law was about 54,000 pounds—pushed him through the intersection. He pleaded guilty to manslaughter and aggravated assault and was sentenced to 15 years’ probation.
Bryant and his parents sued APAC-Tennessee (APAC), the asphalt paving company that hired McCarty, alleging the company failed to monitor his loads and supervise his conduct to prevent him from driving with illegal loads. The plaintiffs offered evidence that McCarty had made at least 15 trips on behalf of APAC, each with hauls that exceeded the state’s maximum weight limit.
The plaintiffs also asserted that although APAC had a policy stating that it would not accept illegal loads or use drivers who violated the law, the company had no system in place to monitor its drivers. The plaintiffs offered evidence that, as a regular practice, after McCarty dumped his load, he would stamp his weight ticket with a time stamp and put it in a box, where it was processed by accounting and paid without APAC personnel checking the weight. A dispatcher who testified about the policy admitted that had the company reviewed any of McCarty’s 15 previous trip tickets, the weight violations would have been discovered, he would have been fired, and the collision would not have occurred.
The plaintiffs also had evidence that APAC permitted McCarty to begin driving for the company before he had a valid commercial driver’s license.
Suit against Memphis Stone & Gravel, the company that loaded the truck, alleged it exceeded the maximum load capacity permitted under state law. As a result, the plaintiffs claimed, the truck was so heavy that it was impossible for McCarty to stop at the intersection.
Suit against McCarty alleged that he was negligent in driving too fast for conditions, failing to yield, running a red light, failing to maintain proper control and a proper lookout, and knowingly operating the truck in excess of the legal weight limits and with unsafe brakes, in violation of state law. The plaintiffs also alleged violation of numerous federal trucking regulations similar to the state violations.
APAC argued that McCarty was an independent contractor and therefore the company was not responsible for supervising his loads. To establish an employment relationship between APAC and McCarty, the plaintiffs offered evidence that APAC set his daily schedules, determined his hours, controlled what loads he hauled and where, and reserved the right to terminate him at will.
The jury found that McCarty was an employee of APAC and awarded about $30 million, apportioning liability at 70 percent to APAC, 20 percent to Memphis Stone & Gravel, and 10 percent to McCarty. The award included more than $15 million in economic damages and $13 million in damages for pain and suffering. The trial court reduced the noneconomic damages under a Mississippi law capping these damages at $1 million, resulting in a total verdict of about $17.24 million.
APAC’s motions for judgment n.o.v. or a new trial were denied, and it has appealed. The plaintiffs have filed a cross appeal on whether the noneconomic damages cap is constitutional.
Citation: Bryant v. APAC-Tennessee, No. CV2006-0261CD (Miss., DeSoto Co. Cir. Nov. 18, 2009 (defense motions denied)).
Plaintiff counsel: AAJ members Robert R. Morris III and Paul R. Scott, both of Batesville, Mississippi.
Plaintiff experts: Dane Maxwell, commercial trucking, Wiggins, Mississippi; Brady McMillen accident reconstruction, Batesville; Darryl Kaelin, physiatry, Atlanta; Susan McChesney, neuropsychology, Memphis; and Patricia Brown, life-care planning, Little Rock.
Comment: The family of the passenger who was killed is represented by separate counsel. Their lawsuit is scheduled for trial in April.
