Justin Handley vs. Diamond Tank Rental, Inc.

Feb 13, 2017

OUTCOME: Settlement $1,994,199

Facts & Allegations On Jan. 26, 2015, plaintiff Justin Handley, 35, an oil-field service technician, lost control of his pickup truck after being struck in a sideswipe collision with a commercial boo ... n truck on Highway 285, in Pecos. Handley claimed that Ramon Hernandez, who had been driving behind him, attempted to pass him to the left by driving in the oncoming lane. As Hernandez attempted to re-enter the lane, the front rear passenger's side of the boon truck struck the driver's side back front corner panel of Handley's truck. The impact caused Handley to spin out of control and go off the road to his right and into a ditch; he then re-entered the road and drove across the left side, where he came to a rest in a ditch. Handley claimed neck injuries. The boon truck was owned by Swift Services Inc. and leased by Diamond Tank Rental Inc. Handley sued Hernandez, Swift, Swift-owners Ricardo Ramos and Larry Castaneda, and Diamond, alleging that Hernandez was grossly negligent in the operation of a vehicle and was negligently trained, hired, and supervised by Swift and Diamond. Handley's expert in trucking maintained that Swift and Diamond were negligent and grossly negligent in its hiring process and its training process. According to the expert, the companies provided no training to a driver, provided no road test, and did not vet the driver to ensure that he had the proper qualifications. The expert concluded that the companies violated their own policies and state and federal regulations. According to Handley's counsel, Diamond's head of health and safety, in his deposition, conceded that the company did not follow through in its policies. The defense faulted Handley for the accident. According to Hernandez, he went around Handley after he had slowed down in response to a car stopped on the side of the road. As Hernandez attempted to re-enter the lane, Handley sped up and prevented him from doing so, Hernandez claimed. Injuries/Damages neck; herniated disc at C4-5; herniated disc at C6-7; chiropractic; fusion, cervical, two-level; discectomy; massage therapy; epidural injections; decreased range of motion On Feb. 9, Handley, complaining of neck pain, presented to a chiropractor, whom he treated with through May 1 (his treatment included massage treatment and spinal manipulation). He underwent an MRI and was diagnosed with herniations at cervical intervertebral discs C4-5 and C6-7. He was referred to a pain-management specialist, who administered two epidural injections (one in April, the other in June). With conservative care unsuccessful, Handley presented to an orthopedic neurosurgeon, who performed an anterior cervical discectomy and fusion at C4-5 and C6-7, on Nov. 3. He followed up with the surgeon on a few occasions, and no further treatment was administered. Handley sought to recover $202,492.66 in past medical costs. Handley's surgeon stated that he recovered well but had limitations on range of motion and placed on a 45-pound weight restriction. According to his surgeon, there is chance greater than 50 percent that Handley will require a fusion at C5-6, in the next 10 years. He sought to recover $140,000 in future medical costs. Handley alleged that he has trouble lifting heavy objects and experiences difficulty interacting with his children, like playing baseball. Result The parties settled for $1,994,198.72