United States Court of Appeals for the Tenth Circuit affirmed what is believed to be the largest personal injury verdict in Kansas’s history against Swift Transportation. The $23.5 million verdict followed a lengthy jury trial in US District Court in Wichita.
The winning lawyers were Lynn R. Johnson of Shamberg, Johnson & Bergman, Chtd., Kansas City, Missouri, (Scott E. Nutter of Shamberg, Johnson & Bergman, Chtd., Kansas City, Missouri, and Michael W. Blanton of the Law Offices of Michael W. Blanton, Leawood, Kansas, with him on the briefs) for Plaintiffs-Appellees/Cross-Appellants.
The Swift Transportation driver lied on her job application about past drug use, felony convictions, and license suspensions. Discovery revealed that the Swift driver lacked the experience, qualifications, and training to safely operate her rig.
The Swift driver backed out of a rest stop into oncoming traffic while under the influence of meth. She plowed into a Yellow Freight 18-wheeler, severely injuring the driver and killing the co-driver.
The jury came back after six and a half hours of deliberation with a verdict of $19.5 million in damages for Mr. Frederick and $4 million for Donna Frederick, his wife. Under New Mexico law, no caps apply to the verdict. The jury assigned 35 percent fault to Mr. Frederick’s co-driver, reducing the net judgment to $15.275 million.