Dedication

Hearn v. New Prime, Inc.

Two sisters were returning home to Waco from Kansas when an 18 wheeler came into their lane of traffic, forcing the driver to take evasive action that ultimately led to the vehicle rolling multiple times in the median.  The driver died at the scene and the passenger was air-lifted to the hospital.  Suit was brought by the Ayres Law Office against the automobile manufacturer and the trucking company.  After settling with the automotive manufacturer, the case proceeded to trial against the trucking company.

Challenge:

The sole evidence that the trucking company was involved was the passenger’s testimony that she saw “PRIME” on the side of the truck that ran their vehicle off the road.  In response, the trucking company heavily relied on its global positioning satellite (GPS) data to suggest its trucks were not in the area and could not have caused the rollover.  This posed a serious risk, given modern jury trends relying on scientific or technical data for their verdicts.

Solution:

In a meticulous fashion, the Ayres Law Office undertook a forensic review of the data, cross-checked all forms of data against each other, and found a serial set of conflicts and inaccuracies, including conflicts with the drivers’ federally-required logs.  Using the trucking company’s own experts, we were able to elicit testimony that the GPS systems were potentially defective and that the drivers repeatedly falsified their logs.

Result:

The jury returned a $3.4 million verdict for the family and against the trucking company.