Hays County Jury Returns $46 Million Verdict in Wrongful Death Case

Truck driver ran over oil field worker, then left the scene; victim's last words were to tell his parents he loved them

SAN MARCOS, Texas--(BUSINESS WIRE)--A Hays County jury has 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.

Video of attorney comments on the case available for use.

The jury found truck driver Gerald Walker and John Dotson Trucking 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 John Dotson Trucking were operating for the benefit of Colorado Materials Ltd and subject to the company's control at the time of the incident.

According to evidence presented at trial, Andrew West was working at a Devon Energy well site on Sept. 4, 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. According to the evidence, Walker then left the scene and only returned at the direction of officials at Colorado Materials.

West sustained severe internal injuries in the incident. His last words were, “Tell my mom I love her. Tell my dad I love him.” He was pronounced dead several hours later.

The jury awarded $20 million for the pain and mental anguish Andrew 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, society, and mental anguish.

“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,” said Rusty Hardin, founder of Rusty Hardin & Associates in Houston. “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.”

Plaintiffs were represented by Rusty Hardin, Daniel Dutko, and Joe Roden from the Houston-based law firm Rusty Hardin & Associates.

“Daniel Dutko deserves enormous credit for this outcome,” added Hardin. “While he, Joe Roden, and I all participated at trial, it was Daniel’s dedication and case preparation that was most responsible for the final result.”

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, Cause No. 22-0306 in the 428th Judicial District Court of Hays County, Texas.

About Rusty Hardin & Associates

Rusty Hardin & Associates, LLP, has built a solid reputation for taking on the causes of its clients and obtaining favorable results in commercial litigation, plaintiffs' personal injury, white-collar criminal defense, appellate matters, and general civil and criminal litigation. Learn more about the firm's representative matters: https://www.rustyhardin.com/.