Motor Vehicle/Wrongful Death

Deams Leach, III was a passenger in a taxi-cab with mental and physical disabilities who passed away as a result of an internal decapitation during a collision between the taxi-cab and another vehicle. Deams, aged 66, was legally blind, nonverbal, unmarried, and had no children. Suit was filed on behalf of his living sisters against the cab driver, the cab companies, and the driver of another vehicle involved in the collision. Plaintiff resolved the claims against the intervening vehicle driver and insurance carriers prior to trial. Plaintiff proceeded to trial on theories of negligence against the taxi-driver, vicarious liability of the taxi-cab companies, and negligent hiring and retention against the taxi-cab companies.

Plaintiff filed and prevailed on motions in limine to exclude argument and evidence pertaining to the negligence of the driver who resolved their case pre-trial. During the trial, Defendants disputed both liability and damages. Plaintiff presented witnesses demonstrating that the taxicab driver was speeding and driving recklessly in the moments before the collision. Plaintiff also presented evidence through corporate representative and party depositions of the defendants demonstrating prior reckless driving infractions of the taxi-cab driver and the prior knowledge of the infractions on behalf of the cab companies. Defendants called the owner of the taxi companies to refute prior knowledge of the driver’s reckless driving history, but elected not to call the defendant driver to the witness stand. Defendants ultimately argued that the driver was an independent contractor, not an employee. Plaintiff countered by presenting evidence showing the driver was an agent or employee pursuant to a relationship the cab companies had with a third-party entity for the transportation of Deams’ and other disabled adults.

All Defendants contested the extent of damages, asserting that Deams’ lack of speech, work, marriage, and children meant there were no economic losses. Plaintiff presented testimony from Deams’ sisters who were his beneficiaries. Deams’ eldest sister visited him frequently (weekly or monthly) and served as his legal guardian for approximately a decade before his passing. Before that time, Deams’ sisters were not as actively involved in his life following the passing of their parents. Plaintiffs presented evidence highlighting the renewed relationship between the family and Deams in recent years with the exception of Deams’ half-sister who had not met Deams. Deams’ half-sister described how their families were estranged and she had no knowledge of Deams’ or her half-sisters until recent years and regrets having not met Deams before his passing. Plaintiff did not introduce medical bills from his multi-night stay in the emergency department or any funeral expenses. Plaintiff did not request any compensatory award for economic losses and limited evidence and argument to non-economic losses.

After deliberating for 2.5 hours, the jury returned a verdict of $1,200,000 in favor of the Plaintiff. The jury found the driver negligent in operating the taxi-cab, held the taxi companies vicariously liable for his negligence, and found them liable for negligently hiring and retaining the driver.