Marvinetta Thomas vs. TMS Transport Solutions Inc., et al

Case Background

On May 18, 2023, Plaintiff Marvinetta Thomas filed a motor vehicle accident lawsuit in the District Court of Dallas County, Texas (Case number: DC-23-06481). Monica Purdy presided over this case.

Cause

On December 27, 2021, Marvinetta Thomas lawfully drove northbound on Bonnie View Road in Dallas County, Texas, when a catastrophic motor vehicle accident occurred. Torialai Wafi, an employee of TMS Transport Solutions, veered into Thomas’s lane without warning. Wafi, driving a vehicle owned by TMS Transport Solutions, collided violently with the side of Thomas’s car.

Officer Ivery Burnett Croson of the Dallas Police Department investigated the motor vehicle accident and determined Wafi was at fault. The officer cited Wafi’s inattention to the roadway and unsafe lane departure as the primary causes of the collision. At the time of the motor vehicle accident, Wafi acted within the scope of his employment with TMS Transport Solutions.

Injuries

The accident caused severe injuries to Thomas. She suffered extensive bodily harm, including:

  • Widespread bruising and contusions
  • Significant shock to her nervous system
  • Potential long-term physical impairments

These injuries profoundly impacted her overall health and well-being. Medical evaluations suggested permanent effects, likely diminishing her quality of life.

Damages

Thomas sought compensation for the physical, emotional, and economic consequences of the accident:

Medical Damages:

  • Past medical expenses
  • Anticipated future treatments
  • Rehabilitation costs

Physical Damages:

  • Past and future physical pain and suffering
  • Physical impairment and disfigurement

Economic Damages:

  • Lost wages
  • Loss of earning capacity
  • Loss of household services

Emotional Damages:

  • Past and future mental anguish
  • Loss of consortium

Exemplary Damages:

  • Punitive damages for gross negligence

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Marvinetta Thomas
    • Counsel for Plaintiff: Imran Shawn Akhtar
  • Defendant(s): TMS Transport Solutions Inc. | Torialai Wafi
    • Counsel for Defendants: Daniel Benjamin Blucher | Daniel Paul Buechler | Yunju Sung | Torialai Wafi

 Claims

Thomas filed negligence claims against Torialai Wafi and TMS Transport Solutions. She alleged the company failed in hiring, training, supervising, and retaining drivers. The lawsuit stated TMS Transport Solutions neglected to implement adequate safety programs and driver monitoring protocols, displaying conscious disregard for potential risks.

Thomas also detailed Wafi’s negligence, including violations of traffic safety standards. He failed to:

  • Maintain a proper lookout
  • Execute safe turns
  • Stay within his lane
  • Comply with company vehicle operation policies
  • Drive at a safe and reasonable speed
  • Keep a safe following distance
  • Avoid distractions while driving

Defense

TMS Transport Solutions, Inc. filed a general denial, arguing that Thomas acted negligently and failed to exercise ordinary care under the circumstances. They claimed Thomas’s negligence contributed to the motor vehicle accident, which should bar or reduce her damages.

Moreover, the Defendant also argued that third-party actions caused or contributed to the motor vehicle accident. They invoked comparative responsibility, asserting Thomas could only recover damages if her fault was 50% or less. Additionally, TMS Transport Solutions claimed the incident resulted from an unforeseen emergency and denied liability for the injuries. Further, the defense argued that any injuries Thomas sustained were minor and temporary. They requested a jury trial, seeking to have Thomas recover nothing from the lawsuit.

Jury Verdict

On October 30, 2024, the jury delivered its verdict in favor of TMS Transport Solutions, Inc. They found that the motor vehicle accident involved shared responsibility. The jury concluded that Thomas’s negligence contributed significantly to the motor vehicle accident, reducing the Defendant’s liability. The jury also accepted arguments that the motor vehicle accident might have resulted from intervening causes outside the Defendant’s control. As a result, they ruled that Thomas would recover no damages in a motor vehicle accident lawsuit.

Court Documents:

Available Upon Request