Doug Lewis and Shawn Morgan obtained a take-nothing arbitration award in a non-subscriber on behalf of a trucking company in Houston, Texas. The claimant, a former P&D driver for the trucking company, alleged negligence against the company for failing to maintain a safe workplace, failing to provide appropriate safety equipment to assist the employee in the performance of his job duties, and failing to properly train the employee. Claimant further alleged that these failures caused Claimant to fall while exiting a semi-trailer, necessitating long-term medical treatment including a multi-level lumbar laminectomy. Claimant requested in excess of $3,000,000.00 plus costs and attorney’s fees. Mr. Lewis and Mr. Morgan argued that the trucking company met all of its obligations regarding a safe workplace and training of its employee and that no additional safety equipment or assistance was required in light of the employee’s years of experience in the performance of his job duties as a P&D driver. Additionally, Mr. Lewis and Mr. Morgan argued that the employee was the sole proximate cause of his injuries for failing to follow his training and company policies. The arbitrator returned an award finding that the trucking company breached no duties to the employee and further finding that the employee’s actions were the sole proximate cause of his injuries.
Attorneys: Douglas R. Lewis; Shawn C. Morgan