Trial Magazine

Kathleen Lucas, 20, was driving on a highway in snowy, icy weather. Lucas was in the left lane and passed a Marten Transport truck operated by Caroline Hurst. It was Lucas’s first time driving on the interstate in the snow, and the driver behind her began tailing her closely, pressuring her to speed up. As Lucas moved to the right lane, she lost control of her car, which spun around and came to a stop across both lanes. Fifteen to 20 seconds later, the Marten truck T-boned her car.

Lucas suffered a traumatic brain injury, fractures to her ribs and pelvis, and a lacerated bladder. She recovered, despite occasional problems with memory and thought processing, and she was able to graduate college in ­three-and-a-half years and obtain an LL.M. degree. Lucas now works full time as a paralegal. She suffers residual back pain and headaches.
Lucas sued Marten and Hurst, alleging that Hurst was traveling too fast for the snowy conditions and failed to take evasive action to avoid the collision. The plaintiff offered evidence that Federal Motor Carrier Safety (FMCS) regulations require drivers to reduce their speed by at least one-half on snow-packed roads. The plaintiff contended that Hurst was traveling faster than FMCS regulations permit for driving on snow. Suit against Marten alleged vicarious liability for Hurst’s negligence.

The defendants argued that there was no time to take evasive action and that Lucas was solely at fault because she was traveling too fast for conditions, cut off Hurst’s truck, and lost control of her car.

The plaintiff demanded $500,000 to settle. The defense offered nothing.

The jury awarded $5 million, allocating fault equally between Lucas and Hurst. The defendants are responsible for $2.5 million.

Citation: Lucas v. Marten Transport Ltd., No. 45D04-1301-CT-12 (Ind. Cir. Ct. Lake Cnty. July 29, 2016).

Plaintiff counsel: AAJ members Robert A. Montgomery, Bradley M. Cosgrove, and Kristen N. Koeller, all of Chicago.