Texas litigators obtain unanimous defense verdict in triple-fatality vehicle collision trial

A Texas-based Norton Rose Fulbright litigation team achieved a trial success for its clients in Patrick Weaver, et al. v. Teresa Huitt-Darling, et al. in the 44^th District Court of Dallas County.

The firm originally represented four related oil and gas entities in a wrongful death lawsuit filed by the surviving parents of an individual involved in a fatal, head-on collision on the evening of April 25, 2019 near Big Spring, Texas. Plaintiffs alleged that employee James Darling caused the accident when he crossed the center line of Ranch Road 33—a two-lane, undivided highway between Big Spring and Garden City, Texas. Mr. Darling also suffered fatal injuries as a result of the collision, and was survived by his wife, Teresa Darling, who was named in the lawsuit as the representative of his estate. At the time of the collision, Mr. Darling was driving a company pickup truck to their home in Big Spring.

The preliminary investigation conducted by the Texas Highway Patrol placed fault solely upon Mr. Darling, including a finding that Mr. Darling was potentially distracted by a cell phone video at the time of the collision—causing him to fail to drive in a single lane. However, discovery conducted in the ensuing litigation revealed serious concerns regarding the conduct of the DPS Troopers investigating the accident. Trooper Trevor Cole, the "lead investigator," was still on his probationary period with DPS and was leading his first fatality investigation on the night of the collision. The evidence, including Trooper Cole's body camera footage, confirmed he failed to secure the scene, and failed to properly identify, document, and analyze critical evidence and electronic data establishing Mr. Darling was not at fault.

A full forensic investigation and accident reconstruction confirmed Mr. Darling did not cause the collision. In addition to compelling physical evidence on the roadway that undermined DPS's conclusions, the "black box" data from Mr. Darling's truck, which included data about Mr. Darling's steering activity and braking in the moments leading up to the collision, confirmed Darling was in his lane at all times prior to the collision, driving attentively, and attempted to avoid the collision by applying his brakes and taking evasive maneuvers. Mr. Darling's widow insisted this evidence and data was never analyzed or considered by Trooper Cole or DPS.

Evidence discovered in litigation also confirmed Plaintiffs' decedent suffered from diagnosed chronic fatigue syndrome, had only one hour of sleep the night before the collision, and his workday began at 4:45 a.m. that day. Further, a forensic analysis of Plaintiffs' decedent's cell phone confirmed he was actively scrolling Facebook marketplace at the time of the collision. Again, DPS did not consider any of this information or evidence before reaching their conclusion.

Norton Rose Fulbright first secured a complete summary judgment on behalf of Mr. Darling's employer and its affiliates by establishing all of Plaintiffs' claims arising from Mr. Darling's employment were not recognized under Texas law. The trial court also held Plaintiffs failed to present any evidence to support numerous other claims asserted directly against the companies.

The firm then defended Teresa Darling and Mr. Darling's Estate in an eight-day jury trial. Trial began on August 21, 2023, but was not without controversy. Three days into the trial, Plaintiffs' counsel published evidence to the jury that had previously been ruled inadmissible by the trial court, forcing a mistrial. Although a Summer 2024 setting was proposed, the litigation team insisted on immediately restarting trial the following week, and selected a new jury on August 28, 2023. At the conclusion of trial, that jury returned a unanimous defense verdict, placing 100% fault on the Plaintiffs' decedent.

Norton Rose Fulbright's trial team was led by John Herring and Chris Conatser. Throughout litigation, the team was also led by Brett Young, and included Kristina Williams and Madison Gaona.