Trial Magazine

Delivery driver Frank Cushenberry, 37, was driving a box truck early one morning on an interstate highway. After crossing a bridge, he collided with a pickup truck, which a member of a road crew had allegedly backed up into his lane of travel. The box truck flipped over, causing Cushenberry to suffer a moderate traumatic brain injury, shoulder damage, and injury to his cervical spine. He has not returned to work.

Cushenberry and his wife sued the pickup truck driver and his employer. Suit alleged that the pickup truck had been unlit and was left partially on the shoulder and partially on the highway.

The jury awarded $18.96 million, including more than $2.6 million in special damages, $2.5 million to Cushenberry’s wife, and $1.5 million to each of his two children. The case is on appeal.

Citation: Cushenberry v. Scott, No. 674957 (La. Dist. Ct. East Baton Rouge Parish July 14, 2021).

Plaintiff counsel: AAJ member Peyton Murphy, AAJ member Lewis Unglesby, AAJ member Lance Unglesby, Jordan Bollinger, Chris Murell, Brian McCullough, and Ron Haley, all of Baton Rouge, La.

Plaintiff experts: Ric Robinette, accident reconstruction, Denver; and G. Randolph Rice, economics, Baton Rouge.

Defense experts: Brent Munyon, accident reconstruction, College Station, Texas; and Michael Frenzel, life care planning, Baton Rouge.