Trial Magazine

Ruben Mendoza, 29, was driving a pickup truck from El Paso, Texas, to Indiana in the course and scope of his employment with Titan Transportation. The truck broke down on a highway in the area between a travel lane and an exit. Merilyn Williams, the driver of a tractor-trailer, collided at full speed with the back of Mendoza’s pickup truck.

He suffered a traumatic brain injury in the collision and underwent three surgeries. He continues to suffer from memory issues, depression, headaches, and tremors. His medical expenses were approximately $1.1 million. He is unable to return to his job as an RV transporter earning approximately $40,000 annually.

Mendoza sued Titan Transportation Corp.; DSX Transportation LLC, the motor carrier that employed Williams; the broker, Dynamex Operations East Inc.; the successor to Dynamex, TF Dedicated Logistics, LLC; and Williams. The plaintiff asserted that Williams had experienced micro-sleep episodes and had exceeded the legal limit of driving hours. Suit also alleged that the broker had chosen Williams and monitored her driver logs, which were falsified.

The plaintiff settled with all but Titan Transportation for approximately $11 million before trial. The jury awarded over $16.85 million.

Citation: Mendoza v. DSX Transp. LLC, No. DC-21-10605 (Tex. Dist. Ct. Dallas Cnty. Dec. 19, 2023).

Plaintiff counsel: AAJ member Maxey Scherr, El Paso, Texas; AAJ member Robert Collins, Houston; and AAJ member Christy Crowe Childers, Macon, Ga.

Plaintiff experts: Catherine Wakeham, life care planning, El Paso, Texas; Randall Benson, traumatic brain injuries, Boca Raton, Fla.; and Charlotte Otabor, economics, Washington, D.C.