Trial Magazine

While Nathanial Cooper, 24, was working in the packing area of a United Parcel Services (UPS) facility, he suffered heat exhaustion that led to a fatal cardiac event. He is survived by his fiancée and minor son.

Cooper’s fiancée, on behalf of the couple’s child, sued UPS, alleging it negligently directed Cooper to work in unsafe conditions despite knowing that he had cardiac problems. Suit also claimed that the defendant was grossly negligent for, among other things, failing to install a ventilation system, establish mandatory rest schedules, and monitor workers for heat stress.

The jury awarded $1.5 million, including $1 million in punitive damages.

Citation: Barnes v. United Parcel Servs., Inc., No. 2008-54568 (Tex. Dist. Ct. Harris Cnty. May 19, 2016).

Plaintiff counsel: Jason Itkin and AAJ members Cory Itkin and Noah Wexler, all of Houston.