Waco Court Reverses Damage Award in 2003 Bus Crash
In 2003, five bus passengers were killed when a bus headed to Dallas from Temple crashed on I35. The bus accident occured when the bus driver lost control of the bus in the rain and crossed the median near Hewitt, Texas, slamming into a southbound Chevrolet Suburban. Two passengers of the Suburban were killed and additional passengers of the bus were injured.
A wrongful death lawsuit was brought in Waco against Motor Coach Industries, an Illinois company which assembled the bus. In 2005, the case went to trial and a jury ruled that the crash victims should receive $17.5 million dollars, finding that the bus was defective as it had no seatbelts. Of course, the bus company appealed.
This week the 10th Court of Appeals, based in Waco, overturned the jury’s decision. The main reason for the reversal was that the appellate court believed that the trial judge should have asked the jury whether the bus driver or the charter bus company should share in responsibility. One of the three appellate justices also said the jury’s verdict should have been thrown out as federal law governing seatbelts “preempts” the victim’s ability to pursue that type of claim.
It is a shame that these victims’ claims have to go back and start over. The question of which parties’ conduct the jury considers is an important part of all injury cases where more than one party may be responsible. Who the trial judge ultimately “submits” to the jury depends on many things, including the requests made by the various parties’ attorneys and the type of claims being asserted. What is troubling here is the “preemption” argument asserted by the dissenting justice. It seems like federal preemption arguments are being increasingly relied upon by appellate courts to throw out plaintiffs claims. So much for state rights and the decision of juries.
