Barbara Dalby v. Hunt Oil Company and Mikael Crosson
Case Background
On August 23, 2021, Barbara Dalby filed a negligence lawsuit against Hunt Oil Company and Mikael Crosson after a serious motor vehicle accident in which she sustained severe and permanent injuries.
The case was filed in the 116th Judicial District Court in Dallas County, Texas. Judge Tonya Parker presided over the case. [Case number: DC-21-11344]
Cause
On November 8, 2019, Barbara Dalby, 53, was driving a 2018 Chrysler Pacifica on State Highway 191 in Odessa. It was shortly after 9 p.m., and Dalby had stopped in the inside left turn lane at the intersection of 191 and N. JBS Parkway. Meanwhile, Mikael Crosson was driving a Ford F-150 pickup truck owned by his employer, Hunt Oil Co., heading east on 191. As he passed through the intersection, Crosson swerved left and collided with Dalby’s vehicle head-on.
Injury
After the collision, Dalby was transported by ambulance to the emergency room. She later reported suffering a concussion and disc protrusions at C6-7, L3-4, and L4-5. Dalby claimed these disc injuries led to chronic pain. Eleven days after the accident, she began treatment with a pain management specialist. In March 2020, she received cervical and lumbar epidural steroid injections, along with a bursa injection. Five months later, Dalby underwent bilateral radiofrequency ablations from C3 to C7 and L3 to S1. She also participated in physical therapy. In August 2021, Dalby had a lumbar fusion procedure.
Damages
Dalby stated that her injuries forced her to stop working about two years after the collision. Her paid or incurred medical bills totaled at least $475,140.17. Additionally, she claimed compensation for future medical expenses. Dalby also sought damages for past and future physical pain, mental anguish, and physical impairment. She claimed future disfigurement, loss of earning capacity, and loss of household services as well. Furthermore, Dalby requested punitive damages.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Barbara Dalby
- Counsel for Plaintiff(s): Brent Goudarzi | Charla Aldous
- Defendant(s): Hunt Oil Company | Mikael Crosson
- Counsel for Defendant(s): Christopher C. White | Katherine A. Compton | Joseph J. Harrison
Claims
Dalby filed a lawsuit against Hunt Oil and Crosson, claiming negligence and gross negligence by Crosson. She also accused Hunt of direct liability for negligent entrustment, hiring, retention, training, supervision, and maintenance. Additionally, Dalby argued that Hunt was grossly negligent in its actions. Furthermore, she alleged that Hunt was responsible under the legal doctrine of respondeat superior, holding the company liable for Crosson’s actions as an employee.
Defense
The defendants acknowledged Crosson’s negligence but denied the other allegations. Hunt argued that Crosson was not acting within the course and scope of his employment at the time of the incident. Additionally, Hunt denied any liability for the accident.
The defense disputed Dalby’s claim of a concussion. They argued that she did not lose consciousness, was alert, and showed no visible injuries at the scene. The defense also denied any loss of earnings or earning capacity due to the collision. They pointed out that Dalby worked for nearly two years after the accident, and her employer reported no issues. Furthermore, the defense contended that Dalby’s neck and back injuries were limited to sprains and strains, which would have healed quickly with or without treatment. They also highlighted that Dalby’s MRIs revealed preexisting degenerative conditions in her neck and lower back.
Settlement
On September 24, 2024, Dallas-based Hunt Oil Company agreed to pay $30 million to Barbara Dalby for her painful and permanent injuries sustained in the car crash. The settlement was reached just as jury selection began in a Dallas County District courtroom.
Post-Settlement Counsel Remarks
Brent Goudarzi, an attorney with Goudarzi & Young in Longview, Texas, who represents the plaintiff alongside Dallas trial lawyer Charla Aldous of Aldous/Walker, expressed his gratitude: “My thanks go out to the 54 potential jurors who showed up yesterday to fulfill their obligation to serve on a jury,” he said. “This settlement on the eve of trial shows that our system of justice works when citizens are active and involved in jury duty.”
Both Goudarzi and Aldous believe the settlement was only possible because of the involvement of Dallas citizens ready to serve as jurors.
“Hunt Oil knew they would be held accountable by a jury of Ms. Dalby’s peers, and that pressure, I know, led them to settle,” Goudarzi explained.
Aldous added, “I am happy we were able to achieve such a tremendous result on behalf of Ms. Dalby. This settlement will take care of all her future medical needs.”
Court Documents:
Available upon request
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