Court overturns damages in widow’s gross negligence claim against employer

A Texas appellate court overturned an award of $2.2 million in damages to a worker’s widow on her gross negligence claim against the worker’s employer.

Emilio Dodd Jr. worked for Waste Management of Texas Inc. as a heavy equipment operator at a large landfill. On Sept. 6, 2016, his equipment broke, and he volunteered to direct traffic, according to Waste Management of Texas Inc. v. Dodd, filed Friday in The Court of Appeals for the 2nd District of Texas.

While Mr. Dodd was directing a “constant” stream of traffic and heavy equipment traffic, he lost his footing and was hit and killed by a truck towing a large trailer full of construction debris.

Mr. Dodd’s family sued and settled with the driver and his employer for negligence. Waste Management was sued for gross negligence. A trial court denied the company’s summary judgment motion.

A jury ruled in favor of the family, eventually assessing punitive damages for $2,198,913.

The appeals court on Friday reversed and remanded the case, finding that the evidence presented at trial was legally insufficient to support the jury’s finding that Mr. Dodd’s death resulted from Waste Management’s gross negligence, which was based on the actions or inactions of Mr. Dodd’s supervisor.

The court said that even if it were to assume that the supervisor’s conduct satisfied gross negligence’s objective and subjective elements, the widow still could not prevail on her gross negligence claim unless the record contained clear and convincing evidence that the supervisor’s conduct was attributable to Waste Management.

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