Trial Magazine

Commercial truck driver James Shelton, 56, was operating a fully loaded 18-wheel rock hauler on Bell Road in Archer County, Texas, the site of the Bobcat Bluff Wind Project. When he encountered an oncoming tractor-trailer that was not yielding the right of way, Shelton pulled over on a one-way portion of the road. His vehicle rolled over, causing him to suffer a traumatic brain injury, a torn shoulder, and several herniated disks. He had been earning approximately $45,000 annually but has not returned to work due to his injuries, which have resulted in cognitive difficulties and depression, among other problems.

Shelton sued M.A. Mortenson Co., the job’s general contractor, alleging it failed to take reasonable steps to widen the roadway by building an adequate shoulder that would enable 18-wheelers to pull off the road safely. The plaintiff asserted that the defendant and its safety director knew the danger of failing to widen the roadway near the culvert area where Shelton was injured yet failed to take any action. The plaintiff also claimed the defendant built the roadway in violation of engineering plans and industry standards.

The jury awarded more than $7.05 million.

Citation: Shelton v. M.A. Mortenson Co., No. CV14-04-241 (Tex. Dist. Ct. Wise Cty. July 19, 2019).

Plaintiff counsel: AAJ member Ronald C. McCallum, Dallas; and Richard Mann, Mesquite, Texas.

Plaintiff experts: Richard Balgowan, road construction, Trenton, N.J.; Whitney Morgan, motor carrier safety, Birmingham, Ala.; Stan Andrews, accident reconstruction, Farmington, Ark.; Bob Gant, neuropsychology, Dallas; Rodney Isom, life care planning, Irving, Texas; John Trapani, economics, New Orleans; and S. Gregory Hipskin, forensic medical review, Littleton, Colo.

Defense experts: David Hall, road construction, Austin, Texas; and Helen Reynolds, economics, and Christopher Michael, neurosurgery, both of Dallas.