Vol. 60 No. 6

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Failure to maintain tractor-trailer

June 2024

Police officer Veronica Lozano, 44, was hit by an intoxicated driver as she was responding to a tractor-trailer owned and operated by PAM Transport, Inc. that had broken down. She suffered a traumatic brain injury resulting in headaches, memory problems, and word processing difficulties. She was out of work for six months, incurring $40,000 in lost income.

Lozano sued PAM Transport, alleging its driver negligently ignored engine warnings in an attempt to return home before the end of service hours. This led to the rig’s breakdown in the roadway’s main lane of travel during the middle of the night, the plaintiff alleged. Suit also claimed failure to maintain the tractor-trailer in a safe operating condition.

The jury awarded $2.25 million, apportioning fault at 65% to the driver and 35% to PAM Transport.

Citation: Lozano v. PAM Transport, Inc., No. 2021C112752 (Tex. Dist. Ct. Bexar Cnty. Dec. 13, 2023).

Plaintiff counsel: AAJ members Tim Maloney and Bailey Wylie, both of San Antonio, Texas.