A three-judge panel of the Fifth Court of Appeals in Dallas Tuesday affirmed a jury verdict that made the Choctaw Nation of Oklahoma liable for most of an $11 million wrongful death award involving the fatal crash in 2013 of a chartered bus bound for the tribe’s Durant, Oklahoma casino.
The 25-page opinion, written by Justice Jason Boatright, rejected all 15 issues raised on appeal by the Choctaw, including their argument that federal law should preempt state common-law claims involving a federally-licensed motor carrier.
Two passengers, Alice Stanley and Paula Hahn, were killed when the bus driver apparently lost control of the vehicle only 11 miles into the trip during an argument with the charter tour guide over authorization to use a toll road on route to their destination.
Stanley and Hahn were part of a “Player’s Club” tour sponsored by the Choctaw Casino, which provides free transportation to large groups who agree to spend at least five hours on the casino floor. The families of Stanley and Hahn filed suit against the bus company and the driver, later amending their petition to include the Choctaw Nation, whose Tours and Travel Group established the rules of the promotion.
The charter company and driver later settled, but Choctaw took the claim to trial in April 2016 where a jury assessed responsibility for the accident: 58 percent to the driver, 17 percent to the carrier and 25 percent to Choctaw. The jury awarded $4.9 million to Stanley’s family and $6 million to Hahn’s family. The jury also found Choctaw vicariously liable on several common law grounds, and the court rendered $9.3 million of the judgment against Choctaw — which represented 100 percent of the jury award for damages less settlement credits.
On appeal, Choctaw maintained that the charter bus company, the tour guide and the driver were solely responsible for the accident and that they were operating as contractors and not on the casino’s behalf. Choctaw also maintained that the bus company, Cardinal, was the sole federal carrier involved in the trip and, as such, had a non-delegable responsibility for the safety of the passengers under federal laws that preempt any Choctaw liability under state common law principles.
The court noted, however: “Even assuming this to be the case…it does not preclude an injured party from imposing liability on other parties based upon state-law principles of vicarious liability.”
The court also ruled that there was ample evidence for the jury to decide that each of the parties was operating as agents of the casino for the benefit of the casino, which was estimated to make as much as $15,000 from the charter.
Eric Stahl of the Frank Branson Firm, who handled the appeal on behalf of Alice Stanley’s family, said he was unsurprised by the ruling. “The courts have held for 40 years that state common-law principles, including vicarious liability, can be applied to a federal carrier. It’s well-settled law, even as reflected in a prior decision from the Dallas Court of Appeals.”
Frank Branson, Chip Booker and Debbie Branson represented the Stanley family at trial.