Widow Wins $31M Verdict in Fatal XPO Truck Crash
Table of Contents
Case Background
In a civil case that captured significant public attention, a Florida jury in May 2025 delivered a decisive verdict in favor of Julianna Charles, the Personal Representative for the Estate of Josué Calá, her deceased husband. The action originated in the Circuit Court of the 11th Judicial Circuit in Miami-Dade County, Florida, under Case No. 20-11693 CA 01.
Cause
The lawsuit stemmed from a fatal motor vehicle collision that claimed the life of Josué Calá. The initial complaint, filed in June 2020, alleged that the death resulted directly from the negligence and carelessness of a commercial truck driver, Francisco Javier Guerrero Romero, and the various corporate entities including XPO Logistics, LLC and Sele Transportation, Inc. that employed or utilized his services. The Plaintiff argued that the Defendant driver's negligent operation of the heavy commercial vehicle created a dangerous condition on the roadway, which legally caused Mr. Calá’s death. The case focused heavily on holding the powerful corporate Defendants accountable for the actions of the commercial driver who represented them, regardless of his independent contractor status.
Injury
The action resulted from the death of the Plaintiff’s husband, Josué Calá, in the collision. Ms. Charles brought the suit not only as the personal representative of his estate but also individually, asserting claims for the devastating personal losses she suffered. These losses included the complete destruction of her spousal relationship with Mr. Calá, encompassing the loss of his companionship and protection, as well as the enduring pain and suffering that resulted from his fatal injury and subsequent death.
Damages Sought
The Plaintiff sought to recover all compensatory losses and damages permitted under Florida law, along with the costs and expenses associated with the litigation, including any applicable pre-judgment interest. While the complaint stated the claim for damages exceeded the minimum threshold of thirty thousand dollars, the full amount of suffering and loss Ms. Charles endured became the central question for the jury to resolve. She sought justice in the form of substantial monetary recovery for the permanent and continuing nature of the tragic losses she sustained.
Key Arguments and Proceedings
The lawsuit initially named a wide array of Defendants, spanning from the individual truck driver and his direct employer to larger logistics and shipping corporations like XPO Logistics, LLC, and Lowe's Home Centers, LLC, reflecting the complex contractual chains common in commercial trucking. However, by the time the case proceeded to trial, the focus narrowed significantly on the primary actors involved in the fatal logistics operation.
Legal Representation
Plaintiff(s): Julianna Charles, as Personal Representative of the Estate of Josué Calá.
· Counsel for Plaintiff(s): Skip Edward Lynch | Bruce R. Kaster | Patrick St George Cousins, Esq. | Lauri Waldman Ross
· Experts for Plaintiff(s): Josh Freemyer | Emile B. Gurstelle | William Jay Zembower | Michael Giaocchino Gilbert | Stephen T. Hopper | Gustavo Gutierrez
Defendant(s): XPO Logistics, LLC | XPO Last Mile, Inc | Sele Transportation, Inc | Francisco Javier Guerrero Romero, individually | Marcelo Munoz.
· Counsel for Defendant(s): Luis Menendez-Aponte, Esq | Ronald Pena, Esq., | Daniel Traugott | Helbert A. Canales-Rojas | Mallory A. Sullivan | John H Richards | Bruno Renda | Pedro Luis Demahy | Alejandro J Moreno | John Bond Atkinson | Alina Alonso | Andrew W Bray | Christopher John Blain | Elizabeth Jimenez | Daniel J Santaniello
· Experts for Defendant(s): Julie B. Schwartzbard | Lee Swanger | Jo-Anne Daniels | Stephen H. Watson | Roman Randolph Beyer
Key Arguments or Remarks by Counsel
Claims
The Plaintiff’s legal team primarily advanced two core arguments. First, they claimed that the driver, Mr. Romero, acted negligently in operating the commercial vehicle, and that this negligence directly caused Mr. Calá’s death. Second, and critically, they claimed that the corporate Defendants, particularly XPO Logistics and Sele Transportation, were legally liable for Mr. Romero’s negligence because he was acting as their agent and within the scope of that agency at the time of the fatal crash. By establishing this principal-agent relationship, the Plaintiff effectively extended liability from the individual driver to the corporations with vastly greater resources.
Defense
The Defendants mounted a vigorous defense, focusing on multiple affirmative defenses. They primarily argued that the collision resulted from the negligence of the decedent, Mr. Calá, or the negligence of other non-party actors, thereby denying their own culpability and legal responsibility for the event. The Defendants claimed that the accident was not a proximate result of any act or omission by Mr. Romero or the corporate entities. This strategy aimed to persuade the jury that the Plaintiff, or others, held a greater responsibility for the death, which would have either absolved the Defendants entirely or reduced their financial exposure.
Jury Verdict
Following the presentation of all evidence and closing arguments, the jury deliberated and returned a comprehensive verdict for the Plaintiff on May 2, 2025.
The jury’s answers to the verdict form confirmed all of the Plaintiff's primary claims. They found that negligence on the part of Mr. Romero was a legal cause of death to Josué Calá. Crucially, they also determined that Mr. Romero acted as an agent of XPO Logistics and that his negligence occurred within the course and scope of that agency, making XPO legally responsible for his actions. Finally, the jury found that XPO Logistics itself was negligent and that its negligence was also a legal cause of death. Furthermore, they also found Marcelo Munoz negligent, directly impacting the final apportionment of fault. In a final, important determination regarding the corporate structure, the jury identified XPO Logistics’ role in the transaction as a Motor Carrier, a classification carrying greater responsibility than a mere freight forwarder.
The jury allocated the total fault for the tragedy among the negligent parties as follows: Mr. Romero was charged with 30% of the negligence; XPO Logistics received 35% of the fault; and Marcelo Munoz accounted for the remaining 35%. The jury concluded that the Defendants collectively bore 100% of the fault for the death of Josué Calá.
The jury then assessed the total amount of damages sustained by Julianna Charles for the tragic loss of her husband. For the loss of his companionship and protection, and for the pain and suffering she endured as a result of his death, the jury awarded a total of $31,000,000.00 (Thirty-One Million Dollars). This substantial verdict represented the jury’s full recognition of the catastrophic loss Ms. Charles suffered due to the Defendants’ combined negligence. The Court then proceeded to enter a final judgment based on the jury’s findings, making the appropriate reduction to the total damages awarded based on the comparative fault percentages assigned by the jury to the named Defendants.