Trial Magazine

Riley McPherson, 21, was driving on a federal highway early one morning. An 18-wheeler driven by Eric Wayne Jefferson for Jefferson Trucking, LLC, was stopped in the roadway, obstructing both north- and southbound lanes while Jefferson attempted to back the truck toward a private residence just off the highway. McPherson collided with the side of the trailer, suffering fatal injuries. He is survived by his parents.

McPherson’s parents sued Jefferson Trucking; Jefferson; and his father, who owns the company, alleging liability for Jefferson’s negligence in failing to avoid the collision. The plaintiffs claimed that Jefferson had been driving the rig for 17 hours, well over the daily allowable hours permitted under federal and state law. Suit did not claim lost income.

The defense asserted that McPherson had been inattentive while driving.

The jury awarded $260 million, finding McPherson 5 percent at fault.

Citation: McPherson v. Jefferson Trucking, LLC, No. 16-00247 (Tex. Dist. Ct. Upshur Cnty. Nov. 9, 2018).

Plaintiff counsel: AAJ members Brent Goudarzi and Marty Young, both of Gilmer, Texas.