In a 10-2 decision reached after deliberating over two days, a jury in Dallas County last night determined New Prime and its driver owe $44 million in damages to the family of a man who was killed during a fatal pileup on an icy Interstate 35 in February 2021.
The case, brought by the family of 49-year-old Boyd resident Christopher Ray Vardy, was part of multidistrict litigation stemming from the Feb. 11, 2021, pileup during Winter Storm Uri and is the first one to go to trial. The crash that killed Vardy and five others was part of a pileup of more than 130 vehicles in the southbound TEXpress lane of Interstate 35.
“Cranes and heavy machinery were required to first find and then extricate Chris and his red truck that were both buried in the carnage,” the lawsuit that was filed in July 2021 stated.
The plaintiffs in the suit are Tamara Vardy, the estate of Christopher Ray Vardy, Brendan Vardy, Christopher Neff Vardy, James Vardy and Mary Lou Vardy.
The jury, asked to consider 57 potential responsible parties, found only the negligence of New Prime Inc. truck driver Steven Anthony Ridder and NTE Mobility Partners, which maintains the roadway, proximately caused the death of Christopher Ray Vardy. The jury assigned 75 percent liability to Ridder and 25 percent to NTE.
The jury heard evidence that Ridder was not properly trained to drive in winter weather and that he was traveling at an excessive speed when he collided into the rear of Christopher Ray Vardy’s vehicle, which was stopped because of crashes in front of him. The jury also heard that in the opinion of the Tarrant County medical examiner, his injuries were survivable and that he “had a conscious period of pain and suffering following the crash with the Prime truck and that the crash from the Prime truck is what ultimately caused the fatal blow, although his death would not come without a significant period of agony,” according to the lawsuit.
For damages, the panel awarded $3 million to Vardy’s family for pain and mental anguish, a total of $630,000 past and future pecuniary loss, $6.2 million for past and future loss of companionship, $14 million for past and future mental anguish and about $360,000 to Tamara Vardy for past and future loss of earning capacity.
The jury answered no to a question asking whether Ridder’s gross negligence caused the harm to Christopher Vardy, but found that the gross negligence of New Prime was to blame and hit the company with a $20 million punitive damages award.
Judge Veretta L. Frazier presided over the case.
The plaintiffs are represented by Frank Branson, Tim Newsom, John Burkhead and Debbie Branson of the Law Offices of Frank L. Branson, and by Dallas appellate attorney Jeffrey Levinger.
Branson issued a statement thanking the jury for its time and attention, and said the verdict “gives the Vardy family a measure of comfort and sense of justice in their tragic loss.”
“Trucking companies have the obligation to make sure their big rigs are being operated safely, which means taking extra precautions during extreme weather conditions, given the enormous size and weight of these vehicles,” he said.
Burkhead said in a statement that the jury “took its responsibility seriously and spoke for the community.”
“This decision should deter companies from putting profits and schedules ahead of human life,” he said.
New Prime and Ridder are represented by Robert Collins and Karl Koen of Gauntt Koen Binney & Kidd. They did not immediately respond to a message seeking comment Friday afternoon.
The case number is DC-21-09849.