Sargent Law Secures Take-Nothing Judgment in Trucking Injury Negligence Lawsuit
DALLAS, Texas – Sargent Law attorneys have secured a defense win in arbitration for a Dallas-based national refrigeration motor carrier in a negligence and gross negligence injury lawsuit against the company.
The August 2021 summary judgment by former Judge Elizabeth Ray of Judicial Workplace Arbitration closed the book on a lawsuit filed by a truck driver after he injured his back in June 2019 while helping another driver disconnect a trailer. The lawsuit was filed in Webb County, Texas, and later moved to arbitration.
The driver was an independent contractor at the time of the injury. In his lawsuit, the driver accused the company of failing to properly train, supervise and provide a safe work environment. The lawsuit sought damages for pain and anguish, loss of earnings, physical impairment and disfigurement. The lawsuit also included a request for exemplary damages based on gross negligence claims.
In its successful motion for a no-evidence and traditional summary judgment, the Sargent Law team argued that the driver was an independent contractor and not an employee based on an Independent Contractor Agreement (ICA) between the company and driver. The attorneys also asserted that he voluntarily assisted the other driver with his trailer, and his claim did not include any evidence that the company was negligent or grossly negligent.
The original lawsuit was filed under Cause No. 2019CVF002436D4, in the 406th District Court in Webb County, Texas.
