Duff v. Werner Enterprises, Inc.

489 F.3d 727, 2007 U.S. App. LEXIS 14369, 2007 WL 1746254
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 19, 2007
Docket06-40308
StatusPublished
Cited by20 cases

This text of 489 F.3d 727 (Duff v. Werner Enterprises, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duff v. Werner Enterprises, Inc., 489 F.3d 727, 2007 U.S. App. LEXIS 14369, 2007 WL 1746254 (5th Cir. 2007).

Opinion

DeMOSS, Circuit Judge:

INTRODUCTION

Defendants-Appellants Werner Enterprises, Inc. and Glen P. Peer challenge the district court’s denial of their motion for new trial following a jury verdict rendered in favor of Plaintiff-Appellee Ronald E. Duff. The jury awarded Duff $300,000 for past and future damages after finding that Peer’s negligent driving was the sole proximate cause of a car accident between Peer and Duff. The issue on appeal is whether adequate evidence supports the jury’s negligence finding and award.

FACTUAL BACKGROUND

Duff is a Texas Ranger law enforcement officer. As such, he drives an unmarked car, provides support and backup to various Texas law enforcement agencies, and is on call twenty-four hours a day. Peer is a tractor trailer operator. And Werner Enterprises, Inc. (“Werner”), Peer’s employer at the time of the accident, is the commercial transportation company that owned the truck involved in the accident.

On March 17, 2004, Duff responded to a request that he assist in a manhunt for three fugitives last seen in Woodville, Texas. The fugitives robbed a bank earlier that day, exchanged gunfire with a law enforcement official, and fled on foot. Duff left his home in an unmarked car and proceeded north on U.S. Highway 59 (“US 59”).

As Duff approached Goodrich, Texas, Peer was waiting to pull his rig out of a truck stop parking lot located on the northbound side of U.S. 59. Peer needed to cross multiple northbound lanes and the center median to turn left and head south on U.S. 59. Although Peer allegedly checked to his left before pulling out, he for some reason did not see Duffs vehicle approaching. At trial, both parties introduced theories as to why Peer did not see Duff. The pervasive theme on Duffs side (which was supported by the written report filed by the accident investigator) was that Peer’s view of Duffs ear was blocked by a truck in front of Duffs car turning right to enter the parking lot Peer was trying to exit. Whatever the reason, Peer did not see Duffs car and pulled his rig out directly in front of it.'

When Duff first applied his brakes, he was traveling 93-100 miles per hour and was on his cell phone discussing the fugitive situation. Duff was unable to avoid Peer’s rig and collided with the left rear of the rig’s trailer. Unable to feel the impact, Peer continued his attempt to make the left turn, dragging Duffs car sideways across the northbound lanes of U.S. 59.

The collision nearly removed the entire top half of Duffs car. Duff suffered fairly serious injuries, but for the most part has *729 recovered. Duffs remaining injury is a fractured C7 cervical vertebra, which causes him pain and ■ decreased mobility. His doctor recommends a cervical fusion to fix it. But, because the surgery will require Duff to miss up to four months of work, he has not yet had it.

PROCEDURAL HISTORY

Duff filed this lawsuit alleging that Peer’s driving was negligent and the proximate cause of his injuries. Duff also claimed that because Peer was acting within the scope of his employment at the time of the accident, Werner was vicariously liable. •

The case went to trial, and the jury agreed with Duff. The jury found that Peer’s actions were negligent and the sole proximate cause of the accident. Therefore, the jury necessarily found that Duffs actions either were not negligent, not a proximate cause of the accident, or both. Because the verdict form combined negligence and causation into one question, it is not now clear which of the above scenarios the jury chose. The jury awarded Duff $300,000 for past and future damages. Of the $300,000, the verdict form indicated that the jury awarded Duff $80,000 for future medical care and $35,000 for future loss of earning capacity.

In a motion for new trial, Appellants contended that the, jury’s verdict- was against the great weight of.the evidence. Specifically, Appellants insisted that, the evidence required a finding that Duff was at fault and additionally that the evidence supported an award no greater than $40,000 and $17,000 respectively for future medical care and future loss of earning capacity. The district court denied the motion, and this appeal followed.

DISCUSSION

Appellants make the samé arguments on appeal, i.e., that the trial court abused its discretion by denying their motion for new trial because the following portions of the jury’s verdict were against the great weight of the evidence: (1) the jury’s negligence finding; (2) the jury’s award for future medical care; and (3) the jury’s award for future loss of earning capacity. We will address each in turn, keeping in mind our deferential standard of review: “Absent ‘a clear showing of ah abuse of discretion,’ we will not reverse the trial court’s decision to deny a new trial.” Hidden Oaks Ltd. v. City of Austin, 138 F.3d 1036, 1049 (5th Cir.1998) (quoting Dawsey v. Olin Corp., 782 F.2d 1254, 1261 (5th Cir.1986)). To make such a “clear showing,” Appellants must demonstrate “an absolute absence of evidence to support the jury’s verdict.” See id.

We start with the jury’s negligent finding.

(1) The Jury’s Negligence Finding

Appellants take issue with the jury’s refusal to place any blame for the accident on Duff. The verdict form required the jury to analyze negligence and proximate cause individually as to both Peer and Duff. The jury determined that Peer was negligent and that his negligence was the sole proximate cause of Duffs injuries. Therefore, the jury necessarily determined either that Duff was not negligent or that his actions did not proximately cause his injuries, or both.'

Appellants . contend that the evidence required .a.finding that Duff was negligent. Therefore, Appellants continue, the jury’s finding to the contrary was against the great weight of the evidence, and the district court’s refusal to grant Appellants a new trial was an abuse of *730 discretion. Appellants point to the following facts: Duff was traveling 93-100 miles per hour in a 65 miles per hour zone. This was far too fast, according to Appellants, because it was nighttime and the area was fairly busy (because there were gas stations, parking lots, and restaurants nearby). Additionally, Duff was in an unmarked car without flashing lights or a siren and was on his cell phone at the time of the accident. Finally, Trooper Shel Lee testified at trial that, in her opinion, Duff was going too fast.

Duff counters with facts that support the jury’s finding that Peer’s negligence was the sole proximate cause of the accident. Like Appellants, Duff points to numerous facts to support his theory. To decide this issue, however, we need look no further than the first fact Duff cites. Trooper Lee’s report, written immediately after she investigated the accident, reads:

Based on physical evidence left at the scene and witness statements, it is my opinion that [Peer] failed to yield the right-of-way to oncoming traffic.

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Bluebook (online)
489 F.3d 727, 2007 U.S. App. LEXIS 14369, 2007 WL 1746254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duff-v-werner-enterprises-inc-ca5-2007.