668 S.W.3d 627
Tex.2023Background
- United Rentals loaded a 10'1" Genie S-125 boom lift onto a regular flatbed (no special permit or low-deck trailer), despite company limits and policies; billing/BO L errors and failure to verify the load occurred before departure.
- The improperly loaded truck struck a low overpass in a posted construction zone on I-35; massive beams collapsed and crushed Clark Davis, who died at the scene.
- Davis’s mother and son sued multiple defendants; all settled or were dismissed except United Rentals. At trial the jury found United Rentals 30% responsible and awarded substantial wrongful-death and survival damages; the court entered judgment accordingly.
- During voir dire plaintiffs’ counsel stated on the record that "the African-American female is the most favorable juror for this case" and the plaintiffs used peremptory strikes that removed four white men and one Hispanic man; the strikes were consistent with that stated racial preference.
- The Supreme Court of Texas ordered a new trial based on that on-the-record racial preference combined with strikes consistent with it; the Court also rendered a take-nothing judgment on Davis’s survival claim for pre-death pain and suffering for lack of evidence he was conscious.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs’ on-record racial preference and strikes violated Batson/Edmonson | Counsel’s statement reflected legitimate jury-selection strategy and was aimed at rebutting defense Batson claims | The on-record racial preference, combined with strikes consistent with it, tainted jury selection and violated equal protection | New trial required under Powers where an on-record admission of race-based preference and consistent strikes were not remedied by the court |
| Whether United Rentals owed a common-law duty to road users | United Rentals’ acts in loading and releasing oversized equipment created a foreseeable danger and thus a duty | Any duties to comply with loading/height rules rested with the carrier; statutory non-delegable duties preclude common-law duty against United Rentals | United Rentals owed a common-law duty not to negligently create a dangerous highway condition; judgment not rendered for defendant on duty grounds |
| Whether evidence of breach and proximate cause was legally sufficient | Evidence of loading error, BOL mishandling, knowledge of policies, and failure to correct supported breach and proximate cause | Truck driver’s conduct and statutory duties of carrier were the controlling causes; evidence insufficient to tie United Rentals to breach/proximate cause | Evidence was legally sufficient to support jury findings of breach and proximate cause against United Rentals |
| Whether survival damages (pre-death pain and suffering) were supported | Circumstantial evidence and reconstruction expert showed there was time to perceive and suffer before death | No direct evidence that Davis perceived the impending impact or remained conscious after impact; medical testimony was noncommittal | Evidence legally insufficient for both anticipatory awareness and post-impact consciousness; rendered take-nothing judgment on survival claim |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (established Batson framework prohibiting race-based peremptory strikes)
- Edmonson v. Leesville Concrete Co., 500 U.S. 614 (extended Batson principles to civil trials)
- Powers v. Palacios, 813 S.W.2d 489 (Tex. 1991) (on-record admission that race “figured into” a strike compels new trial)
- Goode v. Shoukfeh, 943 S.W.2d 441 (Tex. 1997) (describes three-step Batson analysis in Texas)
- Davis v. Fisk Elec. Co., 268 S.W.3d 508 (Tex. 2008) (Batson framework and analysis)
- Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000) (duty exists when a party negligently creates a dangerous situation)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review standard)
- Serv. Corp. Int’l v. Guerra, 348 S.W.3d 221 (Tex. 2011) (cannot base damages on mere speculation)
- Flowers v. Mississippi, 139 S. Ct. 2228 (2019) (describes Batson three-step inquiry standard in recent Supreme Court jurisprudence)