Vol. 55 No. 2

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Improper Lookout

February 2019

Hershell Wingfield, 55, was traveling in his pickup truck on a westbound highway. As Wingfield was waiting to turn, Shane Wood, who was driving a van for his employer, Multiband Field Services, rear-ended the pickup truck at approximately 60 mph.

Wingfield suffered injuries to his neck and back and required multiple surgeries. He also required implantation of a spinal cord stimulator. His medical expenses were approximately $640,000. A self-employed contractor, he is no longer able to work.

Wingfield sued Wood and Multiband Field Services, alleging negligence for Wood’s failure to keep a proper lookout, timely apply his brakes, control the van, and drive at an appropriate speed. The plaintiff also alleged negligent hiring and retention against Multiband.

The jury awarded $27.4 million.

Citation: Wingfield v. AT&T Corp., No. 16-00552 (Tex. Dist. Ct. Upshur Cnty. Oct. 11, 2018).

Plaintiff counsel: AAJ members Brent Goudarzi and Marty Young, and John Hull, all of Gilmer, Texas.