Sun, Oct 12, 2008

Tucson Region

Jury awards $15M to truck-wreck victim

Punitive damages based on falsification of driver's log, disregard for public safety
By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 11.09.2006
A Bowie man who lost his leg after being hit by an 18-wheeler on Christmas Eve four years ago was awarded $15 million Wednesday by a federal jury.
The jury ordered Little Bear Transport of Utah to pay 58-year-old Bruce Austin $5 million in compensatory damages and $10 million in punitive damages following a five-day trial in U.S. District Court in Tucson.
"First and foremost, the verdict absolutely does justice to Mr. Austin, and, having talked to the jury afterward, they wanted to send a message to the trucking industry," said Austin's attorney, Richard Gonzales. "They want the trucking industry to stop playing cat-and-mouse with the public's safety."
Specifically, Gonzales said the trucking industry needs to stop pushing its employees to drive longer hours than are allowed by law and falsify their log books.
According to court documents, Kenneth Virgil Howard was driving a Little Bear Transport tractor-trailer rig west on Interstate 10 near Bowie, which is about 25 miles east of Willcox, when he swerved into the median and struck several vehicles involved in an earlier fatal crash that had closed one of the westbound lanes.
The out-of-control rig then hit Austin, the owner of a tow-truck company, who was in the process of loading up one of the disabled vehicles.
Austin's right leg was severed, along with his left thumb, and he suffered a broken left shoulder and some broken ribs.
Court documents indicate Howard told police that at the time of the crash he was traveling 70 mph and hit the brakes when the vehicle in front of him slowed, but was unable to avoid impact.
Howard, a Utah resident, also admitted that prior to the crash he had falsified his daily log book to make it appear as though he hadn't driven as far as he had — allowing him to get home for Christmas.
During the trial, two Arizona Department of Public Safety officers testified that they caught Howard writing in his log book at the crash scene.
Over the objection of Howard's defense attorneys, court records show Gonzales was allowed to argue that Howard chose to remain in the cab of his rig so he could further falsify his log book rather than render aid to Austin.
Howard's attorney, Samuel Alfred, said in court records that officers didn't ask Howard to help Austin. Alfred did not return a phone call seeking comment Wednesday.
However, court documents indicate that although Little Bear Transport admitted Howard falsified his log prior to the crash and it was liable for Austin's injuries, Alfred believes Howard's actions after the crash are "irrelevant" and the jury should not have heard about them.
In order for punitive damages to be awarded, Gonzales had to prove that Howard acted with an "evil mind" and Alfred argued there was no proof of that.
Alfred also noted in court documents that there was no evidence the crash was caused by sleepiness. A driver behind Howard said Howard stayed in his lane and kept a steady speed — sleepy drivers often drift and speed up and slow down.
Although Austin still operates a store, RV park and laundromat in Bowie, Gonzales said he lost his tow-truck company and repair shop as a result of the crash.
Gonzales said he expects the verdict to be appealed.
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com