Norris v. Rockin S Express et al

In this auto negligence case, the Mississippi jury awarded $100,000 in loss of consortium claim to the father who lost his son in a fatal motor vehicle accident on the highway. However, the jury also attributed 50% comparative negligence, bringing the award down to $50,000.

Case Background

Wesley Norris’ representatives filed an auto negligence case before the Mississippi Covington County Courthouse. Judge Matthew G. Sullivan presided over this case. [21-224]

Cause

Cody Banks, a trucker transporting cattle from Florida to Oklahoma, experienced transmission failure in his 2020 Kenworth truck tractor while driving on Highway 49 through Covington County. Banks promptly contacted Rockin S Express, his employer, who dispatched Christopher Rash with a replacement tractor. After a swift exchange, Banks resumed his journey, but Rash soon realized the original tractor could only operate in third gear, limiting its speed to 20 mph. They decided to proceed slowly back to Hattiesburg, with Rash driving northbound on the four-lane Highway 49, which had a speed limit of 65 mph and ample visibility with a grassy median. Rash activated the truck’s warning flashers and checked his mirrors regularly.

Meanwhile, Wesley Norris, a 44-year-old installer driving a Nissan van to work, was traveling in the same direction as Rash. Competing expert testimonies suggested Norris was driving either at 45 mph or just below the speed limit of 65 mph. Despite clear weather and good visibility that morning, Norris failed to recognize the slow speed of Rash’s tractor until it was too late. The onboard computer indicated Norris applied the brakes half a second before colliding with the tractor at 40 mph. Norris succumbed to his injuries a week later. He was survived by his father, Daniel, and sister, Diedra Biglane.

Injury

Due to the Defendant’s negligence, Wesley Norris sustained fatal injuries. The Nissan was extensively damaged and Norris suffered multiple fractures and catastrophic internal injuries. The alleged recklessness led to his wrongful death. His father and sister suffered the loss of his companionship and comfort.

Damages

The Plaintiff sought economic damages for the medical expenses incurred during the week that Norris was in the hospital before passing away. The hospital bills came up to $ 163,462. The Plaintiffs also sought damages for his pain and suffering and presented their loss of consortium claims.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Wesley Norris | Daniel Norris | Diedra Biglane
    • Counsel for Plaintiff(s): John D. Giddens | L. Wesley Broadhead
    • Experts for Plaintiff(s): Tim Corbitt
  • Defendant(s): Rockin S Express Inc |  Christopher Rash | Sledge Trucking
    • Counsel for Defendant(s): James G. Wyly, III | Scott Ellzey | Lauren R. McCrory
    • Experts for Defendant(s): Ben Smith

Claims

In the auto negligence lawsuit, the Norris estate, representing Wesley Norris’s father and sister, accused Rash and Rockin S Express of negligence for attempting to transport the disabled tractor to Hattiesburg. They contended that given the tractor’s limited speed, Rash and Rockin S Express should have either securely parked it or arranged for towing. Instead, they allowed the tractor to operate at only 18-25 mph in a 65 mph zone, creating a hazard. Additionally, the plaintiff had filed a claim against Sledge Trucking, which was settled before trial, and paid $400,000 in damages. Sledge Trucking did not participate in the trial proceedings.

Defense

Rash and Rockin S Express refuted responsibility for the collision, asserting that the weather was clear and Norris had ample opportunity to notice the slow-moving truck tractor. The defense also contested the claim that Norris experienced any conscious pain and suffering during the incident.

Expert Testimony

Tim Corbitt, the Plaintiff’s accident expert from Ludlow, MS, presented evidence regarding Norris’s speed, estimating it to be around 45 mph initially, with Norris decelerating to 40 mph upon impact. Corbitt concluded that the tractor’s slow speed on the busy Highway 49 did not meet the standard of care expected.

On the other hand, Ben Smith, the Defendant’s accident expert based in Hattiesburg, estimated the Plaintiff’s speed to be between 62-64 mph. Smith argued that if Norris had maintained a proper lookout, he would have had approximately five seconds to apply the brakes and swerve, potentially avoiding the collision.

Jury Verdict

The trial for the auto negligence case in Collins spanned three days. On April 3, 2024, the Mississippi jury attributed 25% fault each to Rash and Rockin S Express separately and assigned the remaining 50% to the deceased, Norris. They also determined that the Defendant’s negligence directly caused Norris’s injury.

Moving to the damages, the jury awarded no damages for Norris’s medical expenses and pain and suffering. Norris’s father received $100,000 for his consortium claim, while his sister’s claim was dismissed. Therefore, the initial verdict totaled $100,000, reduced to $50,000 after factoring in comparative fault.

Post-trial Motions:

The Plaintiffs filed a motion for a new trial. They argued that the verdict indicated an error, prejudice, or flawed deliberation since there was no justification for the jury’s dismissal of the medical expenses and evidence of Norris’s suffering in the week following the accident. In response, the defense contended that it was within the jury’s purview to make that determination, pointing out conflicting evidence regarding Norris’s awareness of pain and suffering.

Court Documents:

Available upon request