Laura Lopez et al. vs. Frito-Lay, Inc. et al.

Case Background

On October 22, 2019, Plaintiff Laura Lopez filed a lawsuit in the Texas State, District Court of Dallas County (Case number: DC-19-16959). Judge Veretta Frazier presided over the case.

Cause

On October 4, 2019, Herman Murillo suffered a fatal 30-foot fall at a Frito-Lay construction site at 701 North Wildwood Drive in Irving, Dallas County, Texas. Mr. Murillo was working on the project when one or more pieces of equipment caused him and two other workers to fall. Frito-Lay, Inc. and Walker Industrial, LLC owned, managed, and controlled the site. Mr. Murillo was on the premises with express permission. At the time, Mr. Murillo was married to Laura Lopez, and they had four children.

Injuries

As a result of the 30-foot fall, Mr. Murillo sustained severe injuries, leading to his death in a fatal construction site accident. Before passing, he endured significant pain, suffering, physical impairment, disfigurement, and mental anguish.

Damages

The plaintiff, Laura Lopez, is seeking damages for herself individually and as heir to Mr. Murillo’s estate for a fatal construction site accident. These damages include:

  • Physical pain and suffering experienced by Mr. Murillo
  • Mental anguish endured by Mr. Murillo and Mrs. Lopez
  • Loss of Mr. Murillo’s past and future earning capacity
  • Loss of companionship and consortium for Mrs. Lopez
  • Loss of inheritance
  • Funeral and burial expenses
  • Loss of household services
  • Exemplary damages against Walker Industrial for gross negligence

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Laura Lopez | Javier Jose | Jennifer Ordonez |Alfonso Murillo
    • Counsel for Plaintiff: Kevin Queenan | Carlos Lopez | Kevin M. Jackson | Regina N. Palmer-Coleman | Bruce A. Campbell | Charles E. Soechting Jr. | Brent Walker | Caleb M. Miller |  Charla G. Aldous |  Eleanor Aldous |  Douglas W. Alexander | Robert B. DuBose | Charles D. Hernandez |  Jose Javier | Iyman N. Strawder
    • Experts for Plaintiff(s): David A. David | H. David Feltoon, PhD | Susan Abbey | Chris Cummings | Garry M. Hutter | Stan V. Smith, PhD
  • Defendant(s):Walker Industrial, LLC | Frito-Lay, Inc. | Walker Engineering, Inc. | The Haskell Company |  Sunstate Equipment Co., LLC |  Johnson Equipment Company | Sammy Deer | Simpler Leadership Solutions, Inc. | Atlantic H&S Consulting Group LLC |  R.A.S. Services, Inc.
    • Counsel for Defendants: Fernando P. Arias | Mark D. Hardy. Jr | Joseph Edward Byrne | Bradley Ryan Fellman

Key Arguments or Remarks by Counsel

Attorney Charla Aldous of Aldous Walker LLP, who represents Lopez, told after the verdict that the jury award far exceeds the defense’s highest settlement offer of $1.25 million, increased during trial from an earlier offer of $1 million.

“The employer of the decedent, Walker Industrial, was obviously negligent and they were submitted as a responsible third party,” she said. “Given the worker’s comp bar in Texas we could not recover from them. Thankfully the jury put 65 percent on Walker Engineering, the ‘sister company’ according to the defense but the ‘parent company’ from our view.”

Aldous expressed optimism that the liability finding for Walker Engineering will spur improved safety training for employees like those involved in the accident, even if they involve legal entities that are technically separate.

“Our hope is that it will show that corporate shell games will not shield corporations from legal liability and send a message to other employers of skilled labor not to just give lip service to safety but to actually commit to it,” she said. “That will save lives.

Claims

The plaintiff filed several causes of action against the defendants in a Fatal Construction Site Accident:

  1. Premises Liability: The defendants failed to maintain the construction site safely and to warn of dangerous conditions.
  2. Negligence: The defendants breached their duty of care by failing to supervise the construction project, maintain safe equipment, and ensure worker safety.
  3. Gross Negligence: Walker Industrial allegedly acted with conscious indifference to the extreme risks posed by the unsafe conditions.
  4. Wrongful Death: The plaintiff seeks damages as Mr. Murillo’s surviving spouse under the Texas Wrongful Death statute.
  5. Survival Action: The plaintiff, as heir to Mr. Murillo’s estate, pursues damages for Mr. Murillo’s pre-death pain and suffering.

The plaintiff also requested a temporary restraining order to prevent the defendants from altering or destroying evidence related to the incident.

Defense

Frito-Lay, Inc. denied all material allegations made by the plaintiffs and demanded strict proof. The company asserted that the occurrence forming the basis of the lawsuit was caused by other persons or entities over whom Frito-Lay had no control. Frito-Lay specifically denied having any actual or constructive knowledge of an unreasonably dangerous condition in the area where the incident occurred. The company requested that if found liable along with other defendants, the court should enter a judgment for contribution among defendants according to Texas law. Frito-Lay also pleaded for offsets or credits for any settlements made by alleged joint tortfeasors or other sources. The company invoked provisions of the Texas Finance Code regarding pre-judgment and post-judgment interest limitations. Lastly, Frito-Lay demanded a jury trial per Texas Rules of Civil Procedure and paid the required jury fee.

Expert Testimony

David A. David testified on liability issues consistent with his February and March 2022 reports. Further,  H. David Feltoon provided neuropsychological expert testimony. Susan Abbey testified as a forensic document examiner. Chris Cummings offered expert testimony on LiDAR technology. Gary M. Hutter testified on liability matters. Jeffrey J. Barnard and Stephen M. Lenfest, medical examiners, testified about Hernan Murillo’s autopsy findings and cause of death. Paul S. Guthorn testified about the forces applied to the scissor lift. Various police officers testified about their investigation of the incident. Multiple medical providers testified regarding Mr. Murillo’s medical care and treatment. The plaintiff later de-designated Stan V. Smith as an expert witness.

Jury Verdict

On April 25, 2024, the jury delivered a verdict assigning liability for the accident to two companies. They found Walker Engineering 65% liable and Walker Industrial 35% liable. Under Texas law, this decision made Walker Engineering responsible for paying the entire damage award. The total amount of damages awarded by the jury was $71,950,000.00. This sum was broken down into specific amounts for each plaintiff:

  • Laura Lopez: $23,000,000.00, split between past and future damages.
  • Alfonso Murillo: $12,000,000.00.
  • M.M. (minor): $12,000,000.00, divided equally between past and future damages.
  • A.M. (minor): $12,000,000.00, divided equally between past and future damages.
  • K.M. (minor): $12,000,000.00.
  • Laura Lopez, as the Personal Representative of the Estate of Hernan Murillo: $950,000.00 in past damages.

Court Documents:

Available Upon Request

Press Release:

https://blog.cvn.com/dallas-jury-awards-71.95m-in-wrongful-death-scissor-lift-trial-beating-1.25m-settlement-offer

https://www.aldouslaw.com/firm-news/2024/april/death-in-2019-frito-lay-industrial-accident-resu/