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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.

Details of the Incident

On the day of the accident, Landry became ill while on a job site and went to a nearby hospital. Two days later, he requested to drop off the company truck and head home, which Porter approved. Landry admitted to having consumed marijuana the night before and alcohol during his drive. He ran a stop sign and collided with the Curries’ pickup, causing severe and lasting injuries.

Charlotte Currie required a medically induced coma for a month due to the extent of her injuries, while Philip Currie’s arm injury led to a blood clot and stroke. Landry was later convicted of intoxication assault and sentenced to seven years in prison.

Implications for Employers and Safety Standards

This case underscores the responsibilities of employers in monitoring employee fitness for duty, particularly when operating company vehicles. Evidence presented during the trial highlighted Porter’s awareness of Landry’s tendencies to drink at remote job sites, raising questions about workplace safety protocols and negligent entrustment standards.

Legal experts note that employers can face substantial liability if they allow employees with known substance abuse issues to perform safety-critical tasks. This verdict serves as a cautionary example of how courts may hold companies accountable for foreseeable risks.

Court Panel and Representation

The appellate panel included Justices Matt Johnson, Steven Lee Smith, and Rex D. Davis. Landry was represented by attorneys from Martin Disiere Jefferson & Wisdom LLP, while Q.A. Services and Porter were represented by Thompson Coe Cousins & Irons LLP. The Curries were represented by lawyers from The Lanier Law Firm PC and Daniel Stark PC.

Case Information

• Case Name: Landry et al. v. Currie et al.

• Case Number: 10-23-00346-CV

• Court: Texas Court of Appeals, Tenth District