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Verdicts & Settlements: Motor Vehicle Liability

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Negligent entrustment

December 12, 2019

Rodney Simmons was operating a commercial tractor-trailer for Stallion Oilfield Services on FM 108 in DeWitt County, Texas. While Lloyd Kulik was trying to pass Simmons on the left, Simmons suddenly turned left, striking Kulik’s vehicle, which flipped over. Kulik, 35, suffered spinal injuries that left him with C5 quadriplegia. Kulik, who had been an oilfield worker, incurred over $672,200 in medical expenses.

Kulik sued truck owner Stallion Production Services, L.P., and related entities, alleging negligent entrustment, hiring, training, and supervision of Simmons.

The jury awarded approximately $40.14 million, finding the plaintiff 50% at fault. The award includes approximately $78,800 for Kulik’s past lost earning capacity.

Citation: Muniz v. Stallion Oilfield Servs., Ltd., No. 17-04-4, 142 (Tex. Dist. Ct. DeWitt Cnty. July 23, 2019).

Plaintiff counsel: AAJ members Donald Kidd, Jim Perdue Jr., and Adam Blake, all of Houston; and Ray Reese, Errol Dietze, and Johnny Dietze, all of Cuero, Texas.

Comment: Atreyu Muniz, who was traveling in Kulik’s vehicle, suffered a traumatic brain injury in the collision. The jury awarded him approximately $4.48 million, apportioning liability at 45% each to the Stallion defendants and Kulik and 10% to Muniz. Charlie Webb and Pat Beam, both of Corpus Christi, Texas; and Michael Sheppard, Cuero, represented Muniz.