Trial Magazine

Christina Burley, 24, was driving a compact car with her husband, James Burley, 47, on a southbound roadway. Larry Sassin, who was driving his employer’s large pickup truck in the opposite direction, approached traffic ahead of him. He swerved left, colliding with the Burleys head-on.

Christina Burley suffered fatal injuries. She had been a homemaker and is survived by her husband and her mother.

James Burley suffered severe injuries, including to his head, colon, and leg. He was in a coma for a week and was hospitalized for more than one month, undergoing numerous surgeries to his intestine and colon, femur, and clavicle, among other areas of his body. His past medical expenses exceeded $1.1 million.

Christina’s estate and James sued Sassin and his employer, Johnson Supply and Equipment Corp., alleging that Sassin had failed to pay adequate attention while driving, negligently swerved into oncoming traffic, and lacked the necessary experience to drive a company vehicle. Suit also included claims of respondeat superior liability and negligent hiring, training, retention, and supervision against Johnson Supply.

The defendants denied the allegations and claimed the collision was unavoidable.

The parties settled for $23.5 million, paid by Johnson Supply’s insurer.

Citation: Burley v. Johnson Supply & Equip. Corp., No. 2017-49915 (Tex. Dist. Ct. Harris Cnty. Jan. 15, 2019).

Plaintiff counsel: AAJ member Ryan H. Zehl, Matt Martin, and Eric Allen, all of Houston.

Plaintiff experts: Jeff Peterson, vocational rehabilitation, Sulphur, La.; John Smith, accident reconstruction, Parker, Colo.; and Todd Cowen, life care planning, San Antonio, Texas.