EL PASO, Texas (KTSM) — A jury has awarded $104 million in a wrongful death case against a local trucking business.
Lawyers for the Tawney, Acosta and Chaparro (TAC) P.C. Truck Crash & Injury Attorneys law firm say a driver of a commercial truck fell asleep at the wheel, crashed and killed El Pasoan Orlando Robles. The jury’s verdict came after a trial against Mesilla Valley Transportation and its driver Juan Garcia that began on June 30th, according to an announcement from the law firm.
The crash happened around 4 a.m. on Oct. 28, 2020, on Interstate 40 in Sequoyah County, Oklahoma. Sequoyah County is over 150 miles east of Oklahoma City.
According to the law firm, Garcia, an MVT Services LLC’s company trainer, fell asleep while driving, which caused the vehicle to drift off the roadway and slam into a box truck. The box truck had its emergency lights flashing on the shoulder.
The impact of the crash destroyed the sleeper compartment of the box truck, where Robles was asleep and killed him, according to the law firm.
TAC represented Robles’ son, and other family members, including Robles’ wife, mother and daughters, were represented separately.
Of the $104 million awarded in the trial, $20 million was for compensatory damages and $7.5 million was for punitive damages to Robles’ son, who was seven years old and the time of his father’s death.
Orlando Robles and his son. Photo courtesy of Tawney, Acosta and Chaparro P.C. Truck Crash & Injury Attorneys.
“The verdict recognizes this tragedy should never have happened,” Alejandro Acosta III, partner at TAC and attorney for Orlando’s son, said. “Professional truck drivers and trucking companies have a responsibility to keep fatigued drivers off the road. When that responsibility is ignored, families pay the price. While no verdict can bring back Orlando, today’s decision holds those responsible accountable.”
During the trial, the national chief safety officer of MVT testified in cross-examination that “you don’t need sleep to rest,” due to company policy not specifying that drivers must sleep before operating a commercial vehicle, according to TAC.
TAC noted that Robles’ wife, Paulina Merino, attended court each day and gave “one of the most emotional moments” in the trial during her testimony.
Jurors were shown a photo of Robles and his son, celebrating Halloween last year. Merina told the jury that the following year, Robles’ son was “eagerly” looking forward to trick-or-treating with his father. Robles died just days before Halloween, and Merino said her son would “put on the costume he planned to wear with his dad with the hope (Robles) would show up,” according to TAC.
“My son lost his dad when he was only 7 years old,” Merino said. “Orlando loved being a father. Our son was his only son, and he was incredibly proud of him. Every milestone, every birthday, every holiday, every achievement will always be missing the person who should have been there. Our son turns 13 years old this week and my heart breaks every time I think about the moments he has missed with his dad and the memories he has to create without his father. I’m grateful the jury recognized what was taken from my son.”
Evidence presented at the trial showcased Robles’ close and loving relationship with his son, as he was present for his birth and the son lived with him after Robles separated from his wife, TAC said.
According to the law firm, Robles had recently accepted a new position with the trucking company, which raised his salary and increased his ability to provide for his son.
“While the verdict recognizes the many ways Orlando’s death changed his son’s life, it will never fill the void of not having his father,” read the news release by TAC.
KTSM 9 News has reached out to MVT Services LLC for a statement on the matter.
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