Trial Magazine

Verdicts and Settlements: Motor Vehicle Liability

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Driving while intoxicated

March 2017

Charles Barlow, a taxicab driver for ­Yellow Cab Co., consumed multiple alcoholic beverages in the company of several friends. Barlow and the others then entered his taxi and drove along a state highway on their way to a casino. He lost control of the vehicle at about 80 mph, crossed the centerline, and collided with a vehicle driven by Thomas Stinson Jr., 60.

Stinson was airlifted to a local hospital, where he later died. Stinson, whose medical expenses were about $27,000, is survived by his two siblings.

Stinson’s estate sued Yellow Cab and its parent corporation for negligence, negligent entrustment, and agency liability. Suit also alleged negligence and gross negligence against ­Barlow, who was allegedly driving with a blood-alcohol level of about .17 percent. The plaintiff did not claim lost income.

The plaintiff settled with Yellow Cab for a confidential amount. The jury awarded $12.9 million­—including $8.5 million in punitive damages—against Barlow, who was convicted of multiple felonies.

Citation: Roby v. Barlow, No. 13-CI-000266 (Ky. Cir. Ct. Jefferson Cnty. June 21, 2016).

Plaintiff counsel: AAJ members Alex C. Davis and Ashton Smith, both of Louisville, Ky.