Jerrod Bishop v. AVR Express LLC et al

On March 6, 2024, the Tennessee jury delivered a $4.5 million verdict in favor of the decedent’s father, Jerrod Bishop after finding the trucker liable for auto negligence. However, the jury also attributed 35% fault to the decedent, thereby bringing the award down to $2,925,000.

Case Background

On March 21, 2022, Jerrod Bishop filed a negligence lawsuit for the wrongful death of his son before the United States District Court, Tennessee Western Division, Memphis. This case was assigned to Judge John Thomas Fowlkes and referred to Chief Magistrate Judge Tu M. Pham. [Case number: 2:22-2171]

Cause

On the morning of August 8, 2021, Jared Bishop, age 25, had just completed his shift at Federal Express. At around 9:00 a.m., he drove westbound on Shelby Drive, a road with three lanes in each direction and a center turn lane.

Bishop was driving a bright blue 2015 Dodge Challenger with a modified Hellcat engine. He enjoyed driving fast and was traveling at 144 mph, as recorded by the car’s computer. The speed limit in that area was 45 mph.

Ahead of Bishop, Abdihakim Omar, driving a tractor-trailer for AVR Express LLC, was preparing to make a U-turn. Omar’s maneuver blocked all lanes of traffic. The Challenger’s onboard computer showed that Bishop was speeding at 144 mph four seconds before the collision. Upon noticing the truck, Bishop slammed on the brakes. Within a second, his speed dropped to 137 mph, then to 128 mph, and finally to 110 mph just before impact.

The Challenger skidded 600 feet before crashing into the AVR Express trailer. The collision was severe, causing the top of the Challenger to be sheared off and killing Bishop instantly. Despite the initial impact, the car skidded another 376 feet. Bishop, a resident of Horn Lake, MS, was survived by his father.

Jerrod Bishop filed a lawsuit against AVR Express claiming the trucker’s negligence in executing the U-turn.

Damages

As Bishop was killed instantly, his only cognizable damages were his loss of future earning capacity. At the time of his death, Bishop had earned $ 68,000 the prior year working for Federal Express.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jerrod Bishop individually and on behalf of all wrongful death beneficiaries of Jared Austin Bishop, deceased
    • Counsel for Plaintiff(s): Marc Boutwell | Charles Edwards | William F. Burns | Frank L. Watson | William E. Routt, III
    • Experts for Plaintiff(s): Preston Scarber | Bill Brister 
  • Defendant(s): AVR Express LLC | Abdihakim Omar
    • Counsel for Defendant(s): Stephen W. Vescovo | Patrick S. Quinn

Claims

The Plaintiff’s counsel claimed that Omar’s negligence caused Bishop’s wrongful death. The argument was that, despite Bishop’s high speed, Omar should have checked his mirrors before starting the U-turn.

Defense

The trucking company argued that Jared Bishop was entirely responsible for the accident. They pointed out that Bishop was driving recklessly, at 144 mph, which was more than three times the speed limit. They believed his excessive speed was the primary cause of the crash.

Further, the defense argued that even if Omar was negligent, Bishop was at least 50% at fault, which, under Tennessee’s modified comparative fault rule, would bar him from recovering damage

Expert Testimony

The Plaintiff’s accident expert, Preston Scarber from Birmingham, testified that Omar had ample time to see the approaching Challenger. He stated that Omar should have waited before initiating the U-turn. An economist named Bill Brister from Jackson, MS, quantified the loss of future earning capacity for the plaintiff.

Jury Verdict

On March 6, 2024, the Tennessee jury concluded its deliberations finding unanimously that Plaintiff had proven by a preponderance of the evidence that Defendant was 65% at fault for the accident and that Plaintiff’s son was 35% at fault. The jury found that Plaintiff had sustained $4,500,000.00 in damages on account of loss of future earnings.

The judgment on jury verdict stated that since the Plaintiff’s son was less than 50% at fault, the Plaintiff could recover damages under Tennessee’s modified comparative fault rule. According to this rule, the damages are reduced by the percentage of fault assigned to the Plaintiff’s son. Consequently, the total award amounted to $2,925,000.00.

Court Documents:

Verdict