The Tenth Circuit Court of Appeals recently upheld a $15.275 million judgment stemming from a 2006 tractor/trailer collision in New Mexico that left our client partially paralyzed. Frederick v. Swift Transp. Co., 616 F.3d 1074 (10th Cir. 2010)
Lynn Johnson, Scott Nutter and Doug Bradley tried the case in U.S. District Court in Wichita in November 2008. Our firm represented a Yellow Transportation team driver who was in the sleeping berth at the time of the collision. The jury returned a plaintiffs’ verdict for $23.5 million against Swift Transportation, which the Court reduced to a $15.275 million judgment for comparative fault of the plaintiff’s co-driver, who was driving the truck and was killed in the accident. Last year, Swift settled a wrongful death claim brought by the family of the driver of the Yellow truck for $2.85 million.
Swift appealed the $15.275 million judgment, arguing that the trial court erred in its jury instruction and in evidentiary rulings. Specifically, Swift argued that its driver was outside the course and scope of her employment, because she had consumed methamphetamine before the accident.
The Tenth Circuit upheld the trial court’s rulings and denied all points of Swift’s appeal.
Swift satisfied the judgment by paying plaintiffs $15,554,624, which included $279,624 in post-judgment interest and court costs. The $23.5 million verdict is thought to be the largest personal injury verdict in Kansas.
