Trial Magazine

Joshua Patterson, 33, was driving his pickup truck on a highway. Bill Acker—an employee of FTS International Manufacturing, LLC, or FTS International Services, LLC—was driving an 18-wheel Mack truck behind Patterson in the same lane. Suddenly and without warning, Acker sped up, rear-ending Patterson. Post-incident testing revealed that Acker had marijuana and methamphetamines in his system.

Patterson suffered neck and back injuries, necessitating chiropractic care, pain management, and disk replacement surgery at C5-6. A crane operator earning approximately $42,000 annually, Patterson was unable to continue working. His medical expenses totaled almost $131,200.

Patterson sued FTS International Manufacturing, FTS International Services, and Acker. The plaintiff alleged that Acker failed to keep a proper lookout, timely apply his brakes, control the truck, and maintain a proper speed. Suit against the FTS defendants alleged respondeat superior liability and negligent hiring, maintenance, entrustment, and training. The plaintiff argued that although the FTS defendants had robust internal policies and procedures, they disregarded these when hiring and training Acker.

The jury awarded more than $101.3 million, apportioning liability at 70 percent to Acker and 30 percent to FTS ­International Services. The verdict included punitive damages: $75 million against FTS and $50,000 against Acker.

Citation: Patterson v. FTS Int’l Mfg., LLC, No. 356-15 (Tex. Dist. Ct. Upshur Cnty. July 14, 2018).

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