C.H. Robinson is speaking out after a Dallas County jury in Texas rendered a $604M verdict in favor of the plaintiffs.
“We extend our deepest sympathies to everyone affected by this tragic accident,” said Dorothy Capers, chief legal officer for C.H. Robinson. “Every loss of life on our nation’s highways is one too many. We strongly disagree with the verdict in Lipe v. Lupus Superior, LLC, et al. and will immediately appeal. C.H. Robinson should not be held liable and did not act negligently. The carrier had safely delivered nearly 270 loads for our customers and held a satisfactory FMCSA rating when we selected it. That rating remained satisfactory following a federal review of this accident. The carrier [Lupus Superior] is an independent motor carrier, and the driver worked for them. C.H. Robinson does not employ drivers.”
Background
According to court documents, in the case of Lipe vs. Lupus Superior, in March 2021, three people were killed and others injured after a Lupus Superior truck driven by Gorgonio Gonzalez, who was allegedly driving distractedly and following too closely to other vehicles, was involved in a collision with another semi truck driven by Meuangma Souvannarath, also a defendant in the case. Souvannarath was also allegedly driving distractedly and following too closely.
Gonzalez was also killed in the crash.
“The collision by defendant driver Gonzalez began after defendant driver Meuangma Souvannarath collided into the vehicles driven by plaintiffs Rodney Hawkins and Benjamin L. Brewer,” court records said. “At all relevant times, defendant driver Souvannarath was operating an eighteen-wheeler owned and operated by defendant D.H. Transportation and subject to defendant D.H. Transportation’s control. Because defendant driver Souvannarath was distracted and following too closely, he failed to control his vehicle, causing plaintiffs permanent injury and death. As the direct and proximate cause of defendant driver Gonzalez and Souvannarath’s actions or inactions, plaintiffs’ vehicles caught on fire and caused them to suffer severe fatal burns.”
Alleged negligence and gross negligence
Court records state Gonzalez, Souvannarath and D.H. Transportation:
- Failed to maintain safe speed.
- Failed to maintain safe distance; Failed to pay attention to the road ahead.
- Failed to stop safely.
- Failed to control speed based on the conditions.
- Failed to exercise caution.
- Failed to keep proper lookout.
- Failed to operate the vehicle safely.
- Violated applicable rules, regulations and traffic laws.
- Failed to properly supervise its employees.
- Failed to properly train its employees.
- Improperly entrusted vehicle to its employees.
- Other acts deemed negligent and grossly negligent.
“As result of the collision, action/inaction of defendants, plaintiffs were involved in wreck suffered severe injuries that either killed them or left them permanently injured in excruciating pain,” court record said. “In addition, plaintiffs who were the children or spouses of the plaintiffs involved in the wreck will suffer from life-long mental anguish, loss of consortium, loss of support and other traumatic losses. These injuries are direct result of defendants’ negligence and gross negligence.”
Multiple Layers of Safety Criteria
“Safety is core to how we operate and always has been,” Capers said. “We go beyond federal requirements and apply multiple layers of safety and risk criteria that we continuously re-evaluate and strengthen. The shipments we arrange overwhelmingly move without incident, with one serious accident claim filed for every 500 million miles driven on our customers’ loads.”
Nuclear Verdicts
“The extreme nature of this verdict means it is even more imperative that Congress and the Federal Government act with urgency to establish clear and proper accountabilities across the transportation industry that enhance highway safety and support the uninterrupted flow of goods across the United States,” Capers said.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
