Dallas Court of Appeals: Civil Practice/Torts

A man suffered catastrophic injuries when a rented U-Haul truck rolled over him. A jury found U-Haul International Inc. (UHI) and U-Haul Co. of Texas Inc. d/b/a U-Haul Co. of Dallas negligent and grossly negligent and East Texas Fork Enterprises Inc. d/b/a Jot 'Em Down negligent. The trial court reduced the exemplary damage award under chapter 41 of the Texas Civil Practice and Remedies Code. On appeal, the Dallas Court of Appeals concluded there was not clear and convincing evidence to support a gross negligence finding against UHI and reversed the $11.1 million punitive damage award against UHI. The court affirmed the trial court's judgment in all other respects. U-Haul International, Inc. v. Waldrip, Dallas Court of Appeals, No. 05-08-01172-CV, 09-03-2010  , Texas Lawyer Opinions (TTLA Members Only)

09/09/2010