Aaron McNeil vs. Texas Regional Landfill Company, LP, et al

Case Background

On February 2, 2023, Plaintiff Aaron McNeil filed a Personal Injury  Premises Liability lawsuit in the Travis County District Court, Texas State (Case number: D-1-GN-23-000676). Judge Jan Soifer presided over this case.

Cause

On September 7, 2022, Aaron McNeil, a 60-year-old roll-off truck driver, was involved in a personal injury accident while delivering debris to a private landfill in Austin, Texas, located south of the airport. The landfill, owned and operated by Texas Regional Landfill Company L.P., was unusually busy on the day of the incident. To manage the flow of trucks, employees directed some trucks to use the outbound lane for inbound traffic to prevent congestion from spilling onto the highway. As McNeil entered through the outbound lane, he exited his truck to retrieve his weigh ticket. While stepping from the truck’s cab, McNeil accidentally stepped onto a horizontal metal pole and fell approximately six feet to the ground

Injuries

As a result of the fall, McNeil was immediately taken by ambulance to a local emergency room. He sustained significant personal injuries, including a torn ligament in his left (dominant) elbow and a traumatic brain injury (TBI). McNeil reported cognitive impairment, persistent headaches, vestibular issues, and dizziness linked to the TBI. He sought extensive medical treatment following the accident. His elbow injury required chiropractic care, pain management, and surgery about three months after the fall. McNeil’s TBI treatment involved psychotherapy and specialized testing, such as videonystagmography (VNG). After undergoing treatment, McNeil was able to return to work approximately six months later

Damages

McNeil sought compensation for the personal injuries sustained in the accident.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Aaron McNeil
    • Counsel for Plaintiff: Christine Londergan | Charles Dunn | Mark Pierce
  • Defendant(s): Texas Regional Landfill Company, LP | Waste Connections, Inc. | Rafael Arocho
    • Counsel for Defendants: John D. Plumlee | Bret A. Sanders

Claims

McNeil filed a lawsuit against Texas Regional Landfill Company L.P. for premises liability. He argued that the landfill’s lack of a proper “landing” spot for truck drivers exiting vehicles created a hazardous condition. McNeil claimed that Texas Regional had knowledge of this dangerous condition but failed to address it until after the incident. His legal counsel emphasized that after the fall, the company posted a “do not enter” sign at the outbound lane and constructed a scaffold as a landing platform to prevent further accidents. Texas Regional denied negligence, asserting that the condition was open and obvious to McNeil, and that he was aware of the potential risk.

Defense

Texas Regional Landfill Company L.P. denied any negligence in the personal injury incident involving Aaron McNeil. The company asserted that the condition McNeil encountered was open and obvious, meaning that the risks were clearly visible and apparent to anyone using the landfill. Texas Regional argued that McNeil was aware of the hazard posed by stepping onto a metal pole and chose to proceed despite this. The company further contended that it had not acted negligently, as McNeil had not been directed to use the outbound lane in a manner that would result in unsafe conditions. Additionally, Texas Regional maintained that it was not responsible for the actions that led to McNeil’s fall, as the company had not been made aware of any prior incidents involving the same hazardous condition. Texas Regional also pointed out that after the incident, they immediately took corrective action by posting a “do not enter” sign at the outbound lane and constructing a scaffold for future safety, demonstrating their commitment to preventing similar accidents.

Jury Verdict

On August 23, 2024, the jury found in favor of the plaintiff, Aaron McNeil. The jury awarded McNeil $96,887.05 for past medical costs and $200,000 for future medical expenses. The jury also determined that McNeil was entitled to $100,000 for past physical impairment and $500,000 for future physical impairment. Additionally, the jury awarded $8,000 for past disfigurement and $8,000 for future disfigurement. For past loss of earning capacity, the jury granted $50,000. Furthermore, the jury awarded $1,000,000 for past physical pain and mental anguish and $2,000,000 for future physical pain and mental anguish. The total amount of damages awarded to McNeil amounted to $3,962,887.05 in a personal injury lawsuit.

Court Documents:

Documents Available for Purchase upon Request