A Hays County jury returned a $46 million verdict in favor of the parents of Andrew West, an oil field worker who was run over and killed by a truck driver at a well site in DeWitt County in September 2019.
After deliberating for about four hours Friday, the jury found that truck driver Gerald Walker and John Dotson Trucking were liable for negligence in causing West’s death. The jury assigned Walker 90 percent of the responsibility and put the remaining 10 percent on John Dotson Trucking.
The jury also found that both Walker and the company were operating for the benefit of Colorado Materials and subject to its control at the time of the incident.
West was working at a Devon Energy well site in September 2019 when Walker delivered a load of aggregate. West then signed Walker’s delivery ticket and walked away from the truck. Without checking to see where West was, Walker accelerated quickly and turned sharply, driving over West with the rear of the trailer, the jury was told. There were only two departing at the time West was hit, and police investigating the incident asked both drivers to return to the scene. Walker’s truck had human tissue on it, revealing he was the driver who hit West.
West sustained severe internal injuries in the incident. He was pronounced dead several hours later.
The jury awarded $20 million for pain and mental anguish West experienced before his death. In addition, jurors awarded Andrew’s father, Jimmy West, and his mother, Judy Jaso, $13 million each for loss of companionship and society and for mental anguish.
Daniel Dutko of the Houston-based law firm Rusty Hardin & Associates represented the plaintiffs. When presenting the closing arguments to the jury, he said he didn’t ask for a specific amount of damages.
“I said the numbers have to be based on the evidence. And I believe the testimony is pretty powerful as to how loved Andrew was — and it was also pretty powerful that Andrew was run over, and he was conscious for more than 30 minutes, knowing he was going to die,” Dutko said. “I think the jury just took the evidence into account and awarded the amount.”
Jimmy West and Judy Jaso were there for the entirety of the week-long trial.
“They understand that no amount of money can bring back their son. And so, I think more than anything, they were just relieved that the whole ordeal was over, and they were happy that [the jury] understood the truth — that this shouldn’t have happened,” Dutko said.
Plaintiffs were also represented by Rusty Hardin and Joe Roden of Rusty Hardin & Associates.
“Andrew West was a 34-year-old young man with his whole life ahead of him, and his parents will never recover from losing their son in such a senseless and preventable way,” Hardin said in a news release. “This verdict reflects the jury’s understanding that when someone’s reckless conduct takes a life, there must be accountability. No amount of money can bring Andrew back, but this jury sent a clear message about the value of his life.”
Michael Magee and Mark Appling of MehaffyWeber represented the defendants. They did not respond to a request for comment Monday afternoon.
The case is Jimmy West, individually and on behalf of the Estate of Andrew West, and Judy Jaso, individually and on behalf of the Estate of Andrew West v. Colorado Materials Ltd., 22-0306.