A Texas appellate court has largely upheld a $14 million verdict against a cellular phone tower construction company and its co-owner following a serious collision caused by an intoxicated employee. The ruling emphasizes the legal responsibility of employers to exercise caution when assigning company vehicles to staff with known histories of substance abuse.
The case arose after former employee Roger Landry, who had previous convictions for driving while intoxicated, caused a crash while operating a company truck. The collision severely injured Philip and Charlotte Currie, leaving Charlotte with a life-threatening aortic rupture and extensive intestinal damage, and Philip with an arm injury that contributed to a stroke and loss of peripheral vision.
Employer Negligence and Legal Findings
The Tenth Court of Appeals found that Q.A. Services LLC and co-owner Kenneth Porter knew about Landry’s drinking history but still allowed him to drive a company truck. Chief Justice Matt Johnson, writing for the panel, noted that while the jury’s original negligence claim needed refinement, there was sufficient evidence that Landry was acting within the scope of his employment at the time of the crash.
The appellate court adjusted Q.A. Services’ share of responsibility from 50% to 30% but left Porter’s 20% liability intact. Justice Johnson explained that while the trial court improperly submitted a general negligence theory, the evidence supported the jury’s determination that the company had negligently entrusted the vehicle to Landry despite known risks.
