Vol. 55 No. 8

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Failure to Supervise Pizza Delivery Driver

August 2019

Zachary Spencer, who had autism, was walking to his parents’ home one night on a street with no sidewalk. Michael Hornaday, a Papa John’s pizza delivery driver, braked when he saw Spencer in front of him; however, the vehicle slid into Spencer.

Spencer, 24, suffered multiple fractures, two broken teeth, and a moderate traumatic brain injury. He underwent surgery, inpatient rehabilitation, and dental work. He now walks with a limp, experiences pain and fatigue, and is unable to read for any length of time. His medical expenses were more than $111,900. A grocery store employee earning $10 per hour, Spencer returned to work after one year.

Spencer and his parents sued Hornaday’s employer, Pizza Venture of San Antonio, alleging that Hornaday had been speeding and failed to keep a proper lookout. The plaintiffs asserted that a computer system developed for Papa John’s franchises to track drivers’ improper driving behavior showed that Hornaday had been driving improperly—including hundreds of instances of speeding—in the month before the incident. They alleged that the defendant had failed to take disciplinary action or properly supervise Hornaday. Suit also charged that Hornaday had marijuana in his system at the time of the incident.

The defense argued that Spencer should have been walking against traffic, which would have prevented the incident.

The parties settled for $9 million.

Citation: Spencer v. Pizza Venture of San Antonio, L.L.C., No. 2017CI08799 (Tex. Dist. Ct. Bexar Cnty. Sept. 26, 2018).

Plaintiff counsel: AAJ members Thomas A. Crosley and Jarryd S. Morton, both of San Antonio, Texas.

Plaintiff experts: Dan Bagwell, life care planning, David Altman, life care planning, Keith Fairchild, economics, Janyna Mercado, neuropsychology, and Steven Christofferson, accident reconstruction, all of San Antonio; John Smith, accident reconstruction, Parker, Colo.; Peter Sullivan, fleet management, Houston; Rodney Isom, vocational rehabilitation, Irving, Texas; and Randall Benson, neurology, Novi, Mich.

Defense experts: David Rosenfield, neurology, Houston; Darryl Cuda, orthopedic surgery, San Antonio; Edward Ingram, accident reconstruction, Austin, Texas; Shannon Shipp, economics, Fort Worth, Texas; and Francisco Perez, neuropsychology, Bellaire, Texas.