Dara Harris, individually, and as representative of the Estate of Robert Buntyn, et al vs. Newkirk Logistics, Inc. et al

Case Background

On December 10, 2021, Plaintiff  Dara Harris and Bryan Buntyn filed a Wrongful Death lawsuit in the Texas State, County Court of Dallas County (Case number: CC-21-05418-A). Judge  D’Metria Benson presided over the case.

Cause

On the night of September 2, 2021, at approximately 10:00 PM, a fatal traffic incident occurred on Highway 635 near the 121 interchange in Dallas County, Texas. Desiree Raishon Boyd, an employee of Newkirk Logistics, Inc., was driving a tractor-trailer westbound on the highway. During her journey, Boyd encountered a mechanical problem that forced her to bring the tractor-trailer to a complete stop in the active lanes of traffic. Despite the hazardous situation created by the stationary vehicle on a busy highway, Boyd failed to take appropriate safety measures. She did not deploy emergency flares or reflective warning triangles to alert approaching drivers of the danger ahead.

At the same time, Robert Buntyn was traveling westbound on Highway 635, having just left his family’s business, where he had been working that evening. Unaware of the stopped tractor-trailer, Buntyn’s vehicle collided with the rear of Boyd’s truck. The impact was severe, resulting in Buntyn’s immediate death at the scene.

Injuries

Robert Buntyn sustained catastrophic injuries in the collision with the stopped tractor-trailer. The force of the impact caused severe trauma to multiple parts of his body, leading to his death. Although the legal documents did not provide exact details of his injuries, they were clearly fatal, robbing Buntyn of his life and depriving his family of a beloved son.

Damages

The plaintiffs, Dara Harris (Robert Buntyn’s mother) and Bryan Buntyn (presumably Robert’s father), sought substantial damages for the loss of their son. The damages encompassed both economic and non-economic losses, reflecting the profound impact of Robert’s death on his family.

In addition to these claims, the plaintiffs sought compensation for pecuniary losses, including the loss of Robert’s care, maintenance, support, services, advice, counsel, and guidance. These losses were claimed for both past and future, recognizing the ongoing impact of Robert’s absence in their lives. The plaintiffs also sought recovery for medical and counseling expenses related to the emotional toll on the family, as well as funeral expenses incurred as a result of Robert’s untimely death.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Dara Harris, individually, and as representative of the Estate of Robert Buntyn | Bryan Buntyn
    • Counsel for Plaintiff: Benjamin R. Julius | Malorie J. Peacock | Michael R. Cowen
    • Experts for Plaintiff(s): Adam Grill
  • Defendant(s): Newkirk Logistics, Inc., | Desiree Raishon Boyd | Bruckner Leasing Co., Inc.

 Claims

The plaintiffs filed a wrongful death lawsuit against Newkirk Logistics, Inc. and Desiree Raishon Boyd, alleging both negligence and gross negligence. The claims were made on several grounds:

Against Newkirk Logistics, Inc.:

  • Vicarious liability: The plaintiffs argued that Newkirk was responsible for Boyd’s actions. They claimed she was operating the tractor-trailer within the scope of her employment.
  • Negligent maintenance: They claimed that Newkirk failed to properly inspect, repair, and maintain its vehicles.
  • Inadequate safety programs: The plaintiffs asserted that Newkirk did not establish proper vehicle maintenance protocols as required under the Federal Motor Carrier Safety Act.
  • Insufficient training: They alleged that Newkirk failed to properly train Boyd and other drivers in safe driving techniques. This included instructions on how to safely stop on a highway and warn other drivers of a breakdown.
  • Negligent hiring: The plaintiffs claimed that Newkirk hired drivers without sufficient qualifications, training, or safety experience.
  • Lack of supervision: They contended that Newkirk failed to adequately supervise its employees and enforce safety regulations.

Against Desiree Raishon Boyd:

  • Negligent vehicle operation: The plaintiffs claimed that Boyd did not properly inspect, repair, or maintain the vehicle under her control.
  • Failure to maintain proper lookout: They alleged that Boyd did not adequately monitor her surroundings while driving.
  • Inadequate response to vehicle failure: They asserted that Boyd failed to take proper action to move the truck from the highway when it broke down.
  • Unsafe stopping practices: They claimed that Boyd used unsafe stopping techniques and did not stop safely on the highway.
  • Failure to warn: The plaintiffs alleged that Boyd failed to warn other drivers of the stopped tractor-trailer on the highway.

Defense

Newkirk Logistics, Inc. filed an answer and special exceptions in response to the plaintiffs’ petition, denying all allegations and demanding strict proof. The company raised several affirmative defenses:

  • Comparative responsibility: Newkirk claimed that the plaintiffs’ own negligence contributed to the incident, arguing that they failed to maintain a proper lookout, take evasive action, properly brake, observe hazard lamps, and were possibly distracted while driving.
  • Sudden emergency doctrine: The defense argued that Boyd faced an unexpected situation, which was not caused by her negligence, and required immediate action.
  • Unavoidable accident: Newkirk asserted that the accident was beyond reasonable control or foreseeability.
  • Failure to mitigate damages: They argued that the plaintiffs failed to reduce the impact of the incident and requested the court limit the plaintiffs’ recovery to medical expenses actually paid or incurred.
  • Pre-existing or subsequent conditions: The defense claimed that other factors, unrelated to the defendants’ actions, might have contributed to the plaintiffs’ injuries.

Expert Testimony

The plaintiffs hired Adam Grill as an expert in trucking industry customs, practices, and standards. Grill evaluated if the crash could have been prevented from a trucking perspective. He assessed Boyd’s responsibilities and those of Newkirk Logistics. The defense expert, Brent Munyon, B.S., M.S., A.C.T.A.R., provided accident reconstruction and investigation services.

Jury Verdict

On June 13, 2024, the jury found Robert Buntyn 10% responsible for the incident, with Newkirk Logistics, Inc. bearing 50% of the responsibility and Desiree Boyd 40%. The jury awarded the plaintiffs $2,000,000, distributed as follows:

  • $250,000 for past loss of society and companionship,
  • $750,000 for future loss of society and companionship,
  • $250,000 for past mental anguish, and
  • $750,000 for future mental anguish

Court Documents:

Available Upon Request