Billy Dawson and Ethel Dawson, Individually and as Representatives fo the Estate of Luke Bryan Dawson v. Esco Communications, Inc.

Wrongful Death - Negligence - Plaintiffs were parents of the deceased, 20 year old Luke Dawson. Plaintiffs claimed that Luke's death was the result of the defendant's negligence when Luke was killed while working on the defendant's construction site. While helping unload a delivery of 5,000 lbs. of steel angle iron, Luke was crushed when the load fell off the truck due to a sling popping off. Luke and another employee who was only 15 years old had allegedly been instructed to help keep the steel from swinging while the sling was attached. Plaintiffs claim that the death was the result of the defendant's maintaining unreasonably dangerous working conditions and negligently having workers only 15 years of age. Plaintiff alleged that tail ropes would have prevented the accident, and thus, defendant was negligent in not using appropriate handling techniques, using improper equipment, and failing to appropriatly attach the sling to the load. Plaintiff's sought $10,000,000.00 in damages.

Defendant claimed that Luke was instructed not to assist but tried to stabalize the load anyway, and thus was contibutorily negligent. Defendant admitted liability during the course of trial, however.

Plaintiff's Verdict - Jury found in favor of plaintiff and awarded Billy Dawson (father) $2,000,000.00 for pain and suffering and pecuniary losses, Ethel Dawson (mother) the same, and the Estate of Luke Bryan Dawson $5,000,000.00, for a total award of $10,247,669.00 with pre-judgment interest added.

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Plaintiff declined a pre-trial settlement offer of $125,000.00. Reported by C.H.