Wrong turn changed truck driver’s life. Fresno jury awards $9.3 million to make amends

[email protected]

MAY 06, 2021 05:00 AM,
UPDATED MAY 06, 2021 12:24 PM

A long-haul truck driver was awarded $9.3 million by a Fresno jury for major injuries he suffered when he was knocked to the ground and run over by an 80,000-pound tractor-trailer.“We are very thankful to get something for our client,” said the plaintiff’s attorney Lyndsie Russell, of Miles, Sears & Eanni in Fresno. “This has completely turned his life upside down. And now he will be able to get the care he needs.”

The jury returned the verdict on Tuesday after a three-week trial that found a west Fresno County property owner and the City of Firebaugh responsible for creating a dangerous condition on public property.

Lead attorney Richard Watters argued that the property owner, Hiller Aircraft Corporation, strategically placed cement barricades on an abandoned road, funneling unfamiliar drivers to a piece of property belonging to the company.

The road was so narrow that lost truck drivers had no choice but to turn around in Hiller’s lot. The catch was drivers had to pay the property owner $50 to turn around.On July 2, 2018, plaintiff Daquan Jones, 27, of Philadelphia, became one of those drivers. Jones and his co-driver had picked up a load of tomatoes from a packing facility and were on their way back East when they mistakenly headed down M Street in Firebaugh. What Jones didn’t know was M Street was no longer a city road. It had been abandoned about 30 years ago, Russell said.

The road was now an unmarked dead-end street that ended at the open gate of the property belonging to Hiller Aircraft Corporation, a helicopter manufacturer. Russell said Jones got out of the truck to ask permission to turn around and an employee gave him the OK.

But as Jones was getting ready to leave, workers closed the gates and Jones was accosted by one of the company’s managers who demanded he pay $50 to get out.[size=13px]“Daquan Jones and his co-driver exited the vehicle and the premises (manager) began an altercation because Mr. Jones declined to pay $50 to leave the premises since an employee had previously given him permission to turn around. Mr. Jones was placed in a headlock and ultimately, was thrown to the ground. The co-driver attempted to drive the truck out of the property and ran over Mr. Jones causing him serious injuries,” according to the lawsuit. [/size]Russell said the co-driver didn’t realize Jones was underneath the truck.

The injuries to Jones were catastrophic. He spent four months at Community Regional Medical Center undergoing nearly 30 surgeries to repair the damage to his body.

Russell said Jones had a fractured neck, torn rotator cuff, significant damage to his left knee, internal injuries, a fractured pelvis and traumatic brain injury. Perhaps the most serious injury was to his left buttock that was destroyed and has required major reconstruction and skin graphs.

“He has to walk with a walker or use a wheelchair, it’s just too painful to try and walk,” Russell said.
Jones has moved back to Philadelphia and lives with his mother who has taken on the role of caretaker. He still requires more surgeries and battles with depression and post-traumatic stress disorder, his lawyer said.

CITY OF FIREBAUGH’S RESPONSIBILITY

As part of the verdict, the jury found the City of Firebaugh 25% responsible for having a dangerous condition.

The jury learned that the city had “actual and constructive notice of the presence of the barricades,” which had been placed there by Hiller employees about one year before the incident and had been inspected by a Code Enforcement Officer roughly two weeks before the incident, Russell said.

Hiller Aircraft was found to be 70% responsible for Jones’ injuries, both for the Hiller manager’s altercation with Jones and for Hiller having placed the concrete barricades on M Street.
The jury placed no fault on Jones, and 5% on his co-driver, Russell said.

David J. Frankenberger, attorney for Hiller Aircraft, said Wednesday his client may consider an appeal.

“Nothing is definitive at this point, but we are looking into the possibility of an appeal,” he said.

The attorney representing the city of Firebaugh, David M. Overstreet, could not be reached for comment Wednesday.

Last edited by Cyclic Hotline; 26th May 2021 at 15:40.

Reply