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Vol. 54 No. 11

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Negligent Entrustment

November 2018

After a party, Vivence Bugilimfura drove seven friends home in his employer’s van. Bugilimfura, who had been drinking, crashed the van into a concrete highway divider. All but one of the passengers—who were in their early 20s—were ejected from the van. Two suffered fatal injuries, and the others’ injuries ranged from a bruised lung to fractures. Their medical expenses ranged from approximately $26,300 to $496,100.

Suit on behalf of the injured or deceased passengers alleged that ­Bugilimfura and his employer, All Citizens Transportation, were liable for the crash. The plaintiffs argued that All Citizens negligently entrusted the van to Bugilimfura, who had only recently gotten his license. The plaintiffs also asserted that Bugilimfura was driving while intoxicated. Suit did not claim lost income.

The jury awarded approximately $15.4 million, finding the defendants jointly and severally liable.

Citation: Igihozo v. Bugilimfura, No. DC-16-09739 (Tex. Dist. Ct. Dallas Cnty. July 18, 2018).

Plaintiff counsel: AAJ member Patrick Luff, Austin, Texas.