6.22.2011

Breaking Courthouse News

The jury in the Hughes civil case being tried for the second time has ruled in favor of TXI. No money damages will be awarded based upon the verdict (unless there was some side agreement). The jury's decision came in shortly before 5:00 p.m. in the 271st Judicial District Court in Decatur.

In a long legal history, the case was first tried in 2004 in Decatur to a jury which led to an award of $15,787,190 in compensatory damages and $6,658,000 in exemplary damages. The Second Court of Appeals took away the exemplary damages on appeal but otherwise affirmed the verdict. However, the Texas Supreme Court then heard the case and overturned the verdict and sent the case back to Decatur for retrial. That occured over the last two weeks.

From one of the opinions: "Several members of the Hughes family were killed when their vehicle collided with an eighteen wheel tractor-trailer rig heavily loaded with gravel. The accident occurred outside the city of Paradise on Highway 114, a two-lane highway. At the time of the accident, Kimberly Hughes was driving west toward Paradise with four other family members in her GMC Yukon. Ricardo Rodriguez, who was driving the gravel truck for TXI Transportation Company ("TXI"), was traveling east in the opposite direction. For reasons in dispute, the Yukon crossed the center line into the eastbound lane, collided with the gravel truck and careened down the length of its trailer. At the gravel truck's tail end, the Yukon spun sideways into the path of an eastbound Ford pickup. The resulting collision killed everyone in the Yukon except Hughes's infant grandson."

Edit: This didn't make the Messenger's Update on the following morning?

Edit:


61 comments:

Anonymous said...

Was there a high/low?

Anonymous said...

Justice is served.

Anonymous said...

Don't know the details. But usually, in these cases, I listen very carefully to what bg says and then believe the opposite. Of course, he hasn't given us anything. I would assume the infant would have some sort of trust fund set up?

Anonymous said...

About time that justice is served on this. This accident was absolutely awful and I know the family and was friends with one of the victims, however, based on evidence, the accident was clearly the fault of Kim.

Anonymous said...

Would someone please SHUT BIDEN AND BERNANKE THE HELL UP?

Anonymous said...

Did I read that correctly?
The family of the folks killed in the Yukon which caused the crash were suing TXI?
I can be a bit slow. Someone make this simple for me to grasp.

Anonymous said...

"the Yukon crossed the center line into the eastbound lane, collided with the gravel truck and careened down the length of its trailer.".....it was HER fault. Nothing else matters. Mr. Hughes needs to give up on the lawsuit business and get on with his life.

Anonymous said...

Was a cell phone involved?

Anonymous said...

Nobody truly knows how the accident occurred! How about showing some compassion for a family who had to sit almost 2 weeks and totally relive this tragedy.

Anonymous said...

Typical for a family to blame the rock trucks when HER car ran INTO the truck. Its one thing if the rock truck ran into the yukon but she was the one at fault and no one should have to pay for HER mistakes! Especially TXI for being the "innocent bystandard".

Anonymous said...

You seem to think you know what happened, but I'm pretty sure the only ones that know what REALLY happened are dead. How can you say TXI isn't at fault when they hired a driver that was an illegal alien, that had already been deported and came back to Texas with a fake ID and dead man's social security number. Even after the accident and all this information came to light TXI continued to let this man drive thier truck and stay on thier payroll. God forbid you ever lose your family to someone that should have never been allowed on the road in the first place, but if it happens I'm sure you will just get on with your life, right?

Anonymous said...

My Spidey sense says she was texting.

Anonymous said...

First off let me tell you that in the first trial it was proven that Kim Hughes was NOT at fault!!! This trial had a different experst and he claimed it was her fault! Further more how do you expect Mr. Hughes to "get" on with his life!? Have you lost your child much less 2 at one time!? I didn't think so! So therefore you would not know how it feels or how you would act! Now for my last FACT Mr. Hughes is NOT the only member of the Hughes family that sued TXI... other family members were involved in that as well!!!!!

Anonymous said...

No texting was involved

Anonymous said...

your spidey was off she was not texting

Anonymous said...

I truely can not believe that you people are so cruel. I hope you NEVER have to go through what the Hughes family has had to endored since the accident. You all speak about Mr. Hughes needing to get on with his life, but there were several family members that were involved in this suit. Several family members lost loved ones and their lives will never be the same. Yes I understand that people do die everyday, but your entire family at one time, with the exception of his grandchild. I honestly do not know if I could go on. It is easy for you all to sit and type a few nasty opinions, but don't ever think this couldn't happen to your family, because it can, in the blink of an eye! You really have no reason to judge anyone, we have God to do that job, so stop! Take a minute and think about what you are putting on this blog before you type it. I have kept up with the trial for serveral years and it is such a sad situation. I feel that there was no justice in this case. The illegal truck driver was deported yet again, and now Mexican officials say, "He was killed in a car accident and can't be on the stand at the trail." Enough said!!

Anonymous said...

You people are happy that " justice" was served to a man that had no I.d and was using a dead man's ss card!? He was an illegal alien.... You people need to use your brains more and research your facts before you start throwing punches.... Wow... Sickening!!! And ps TXI will NEVER be doing any work for my company! I do not condone breaking the law! Even after they were caught allowing this man to drive they continued to let him!? I will be passing word around how sorry TXI is!!!

Anonymous said...

Argument is this: Had the company not hired the illegal who had no drivers license then that truck would not have even been on the road that day... and there would not have been any accident. The trial is one of several that are showing the problems of illegals in our country. Strange how those illegals can be her and cause all kinds of deaths, yet never be held accountable. Fact is, companies are NOT TO HIRE ILLEGALS, this company did and put an illegal and irresponsible driver on the road in an 18wheeler. He should have never been there!

Anonymous said...

Were drugs or alcohol, the Mayan calendar, Decatur ISD, or banjos invloled?
Quadruple fake all of the above.
Uncle Wally

Anonymous said...

Let me say I am sorry for the family and their loss. This law suit should not have anything to do with weither or not the truck driver was an illegal alien. If it wasnt this truck driver it would have been another one. It should deal with who was at fault for the accident.

Anonymous said...

Oh, please let's hear what the law-smart citizens of the county have to say. Way to go 12:57 for your willingness to look at facts as opposed to sympathy, which, by the way, is what a jury is supposed to do.

Anonymous said...

God Bless the family. They are good upstanding members of this community and how awful of a loss to have to go through. I pray that God gives them the continued strength they need.

Anonymous said...

11:11 You cannot say that the truck would not have been there if the illegal driver had not been hired! That is a rediculous statement. Her truck blew a tire, the wreck was her fault; and, if the truck was not in her path, she would have hit something else and crashed. But, it was her fate to hit the truck. End of story.

Anonymous said...

Wow I would never wish this upon anyones family my heart goes out to them.
12:57 thank you for clearing that up I was about to type the same thing.
Yeah sure they want to say if TXI didn't hire the illegal in the first place she wouldn't have hit the rock truck but what about the ford truck that was behind it. She would have hit it head on.

Anonymous said...

7:24 Huh? The Hughes family caused THEMSELVES to relive the tragedy by creating the 2nd lawsuit.

So glad justice was served.

Anonymous said...

8:43 HELLO!!! Is anybody in there?

Let me see if I can spell this out for you.

Horrific accident. People killed due to HUGHES veering into oncoming traffic. The accusation about TXI having an illegal immigrant in the TRUCK that was struck by Hughes has NOTHING to do with how and why the accident happened.

WOW

Anonymous said...

So another legit TXI driver would not have been there in the same place and time hauling a load when Yukon lady crossed over into the other lane?
How odd.
You mean there's some cosmic economic force swirling around illegals making them be at the wrong place at the wrong time?
How very odd.
I weep for the species.

Anonymous said...

11:03 If I was TXI I would be so thankful not to have to do ANY WORK for a company that lives in LA LA LAND.

Anonymous said...

When a family files a law suit when the evidence proves the family member was at fault, they cannot get past the event and no amound of money can bring back their family members. Our family was faced with the exact situation years ago but made the right decision not to file a law suit.

Anonymous said...

I have been reading this blog since it has been posted. I have done my research and looked up all of your theories. There are some true statements that have been stated. Mrs. Hughes was found to be innocent in the first trial (not causing the crash). The defense took the case to the supreme court and they decided to re trial the case. This time around they did find Mrs. Hughes at fault for the accident. My point... 2 experts believe different theories; as alot of us citizens do! Only God and the victims know... But as stated above the driver was an illegal alien that should not have been driving. Granted that someone else might have or might not have been in the 18 wheelers place depending on what really happened; TXI should feel awful and you would have thought they learned their lesson because of the wreck. Yet they continued to allow this man to drive? They are still some to blame in my opinion. We need to focus on our own and not illegals that do not pay taxes for this beautiful state TXI... even if you are able to hire your illegal aliens for more than likely (chapter labor)

Anonymous said...

She veered in to the other lane because the rock truck was in her lane. You people have no clue what you are talking about. Maybe you should sit through the trial and listen to everything and then make a decision. If you haven't heard both sides then you can't really judge can you.

Anonymous said...

If it was proven she veered in to the other lane because the rock truck was in her lane why did the Hughes family lose?

Anonymous said...

The Hughes/Watkins family won 3 trials plus 1 that was taken to the Supreme Court. They lost 1.

Anonymous said...

I sat through every trial there has been. Have you 9:19? This happens to be the only time it has been so called proven that Kim was at fault. Obviously you only attended this trial? Or did you attend any at all? Probably not

Anonymous said...

The rock truck was making a right handed turn and his trailer was sticking out in the road!!! Kim's Yukon clipped the trailer that was sticking out in HER LANE... You people need therapy! LOTS OF IT

Anonymous said...

8:56 A.M. How do you know what the right decision is? Your opinion is only an opinion. That's all it is! And your opinion does not matter in this case. You were not a family member or on the Jury.

Anonymous said...

Ok REALLY!!!! What does it matter..whos fault it was ..It can not bring them back!!!.The Suit was not for Justice..who keeps putting that...Its not a murder case..Everyone knows that drivers did not decide to wake up this morning and say."Guess what I"m going to do today!! I have to believe that if this was not a good case than Mr. Simpson and his firm would have never been on board, and must have been a tough cause or it wouldn't have taken 9 yrs to figure out. and WOW..who ever said that about MR. Hughes..I think you needed to be in the court room when he was on the stand...How would you like to stand up and re-live the moments that your children pass away..WoW..choke on that...All I know that on this December day that everyone in this families life was changed forever..Hearts were broken and cracks can never be filled..TXI fault..Hughes fault..all the same no one will ever know..

Anonymous said...

It looks like some TXI members are sitting around all day staring at their computer screens all day. Your company is wrong for allowing this man to drive. Hopefully the IRS will start investigating your business more. If they haven't already.
:)

Anonymous said...

9:30 am this trial had a different expert than the other trials. The opposing side would not allow the Hughe's family to use this expert again; due to their previous loses. The expert of this trial found Kim Hughes to be at fault.

Anonymous said...

9:33 I never said Hughes was at fault and yes I have sat through the trial, the impact was in the east bound lane and it was there because she was trying to move out of the way of the truck in her lane...9:37 you have no clue what you are talking about the truck was never turning right...another car was turning right and it veered in to the other lane to keep from hitting the car turning right.

Anonymous said...

The bad thing about engaging in a lawsuit of this manner after such a horrendous loss is if you win AND get paid it won't help any- at least not like you assume it will and if you lose, it will destroy you a second time.

Anonymous said...

If she veered and couldn't miss the truck, then it was her fault. sounds to me like someone wanting money from a big company. I'm glad they lost.

Anonymous said...

This case was not about illegal aliens or social security cards. This case was about facts...I attended the entire trial & have NO DOUBT that the jury made the right decision. You folks of Wise County should be grateful that TXI assists in your local economy! This was a tragic accident make no mistake about that, but at the end of the day justice was finally served.

Anonymous said...

I was at each and every one the trials including the supreme court. The first trial we won with a unanimous decision. TXI did not accept the jury's decision because it was not in their favor. I guess they feel the jury had heard too much of the truth so we needed to do it again and let the next 12 jurors only hear half of the truth... They won 100% just like we did the first time. I guess to make it fair, we should have had a tie breaker. We accepted the decision even though they had not heard the whole truth. We turned to each other and said "Thank God its over". We have no hard feelings for the jury. We know this must have been hard for them. I know most of you think it was all about the money but we did not go "Oh boy! An accident" lets sue and make us some money. It all started out just to see what happened. We had lost 4 family members and the unborn twins my niece was carrying.We just needed to know how it happened??? Our experts showed evidence it was the truck drivers fault. When we found out what kind of drivers TXI were putting behind the wheel of their trucks, we felt they should have been held responsible. The truth is, the only people that know what happen that day are gone. What we do know is TXI puts unsafe drivers behind the wheels of their trucks. My family still drives highway 114 and the other highways that are full of 18 wheelers. I still feel it is the owner of the the trucks responsibility to put the best drivers they can behind the wheels of their trucks to keep it as safe as possible; Not only for my family, but for all of yours. I pray no one has to go through the pain my family has had to go through. To you who have prayed for us and been there with us through all of this, thank you. You have been a blessing. To our lawyers and wonderful staff, we thank you for not only being our lawyers, but caring, and doing all you could to help us pleed our case. To Callie and Carol, I don't know what we would have done without you. Thanks Carol for the elevator rides and keeping all your little chicks together. To all that believe we should just get over it and get on with our lives...with the help of our Lord, our friends, and our family, we will get through it, but if you know a way we can fill the four empty spaces in our hearts, please let us know.

Anonymous said...

TXI is a piece of crap for hiring illegals and causing unemployment of American citizens. They probably are still hiring them to work their pits. Right, TXI?

Anonymous said...

In response to the EDIT.

You have got to be kidding. Here we have someone saying that because they think the truck driver is illegal he cannot drive a truck. LMFingAO


Also, in response to another ANON post. FYI, maybe employers hire illegals because they can't find any American citizens that are worth a cow patty to do the job.

Bigdriller said...

12:18
U ARE A WASTE OF AIR! I wish I could meet you in person to "discuss" this further with you. This trial has never been about money! It's about a truck in the wrong lane. An SUV that was clipped and swerved into oncoming traffic killing a family. There's your "FAULT FACTS". Now for some salt to put in the wound. The driver is an illegal alien that a large corporation such as TXI should never be employing. When a large company does something ABSOLUTELY WRONG, you hit them where it hurts. In the pocket book! All they know is money! We don't NEED their money! We want them to CHANGE! They could obviously care less who they hire, what there education is, if they are a U.S. citizen, stolen social security numbers, fake I.D's, THE LAW...U know, stuff like that. It would be best for uninformed people to not let trash spill out where it has no place! Talk about what you know about. And for the rest of you like 12:18, know that now that "justice" has been served, you can expect to see more of this caliber of driver to be passing your family on the highway sometime soon. Good lookin out!

Bigdriller said...

Aparently, it is much easier to say hateful things to people when they don't know who you are. I suggest that people take five minutes to create a google account so they don't have to make cowardly posts "anonymously". All debates about "fault" aside, the damage is done. A family is lost and TXI still employs illegal aliens to help boost the American economy. Press "1" for english people.

Anonymous said...

Anon 1:50

Go back to the country you must have illegally come from.

Anonymous said...

I can't stand the fact we have so many illegal aliens here in TX. BUT, there is absolutely no doubt that the fault lies with Hughes. You don't have to like it, but facts are facts.

Tough break...

Anonymous said...

9:57
I can fill a crack.

Anonymous said...

"The driver is an illegal alien that a large corporation such as TXI should never be employing. When a large company does something ABSOLUTELY WRONG, you hit them where it hurts. In the pocket book! All they know is money! We don't NEED their money! We want them to CHANGE!"

This is what I hate about these cases...if someone needs to be punished, it should be the government doing the punishment, instead of a plaintiff's lawyer making his millions. We have so many agencies (FDA, EPA, etc.) that are supposed to be protecting us, yet instead we enrich the lawyers and justice is never served.

Anonymous said...

Kim Hughes was at fault. What's so hard to understand?

Anonymous said...

Bottom line believe what you want and think what you want. It was Our friends or family that are gone from us, but luckily for them they are with our savior this very second! Wow how I miss them all so much. They were so beautiful and they were amazing people! It would break their hearts if they read what some of you are saying about them. I have many good memories with them one of them just happened to be my bestfriend that no one will ever replace. I am still close with the remaining family members and they are amazing people just as well. They are NOT money hungry they are hard working people who love God and try their best to as someone posted "get on with their lives" Trial is not easy for anyone! It brings back horrible awful memories and such that I will never forget... I can try all I want, but I don't see that happening. As we all know They Hughes family has previously won and they recently lost this trial. God knows what happened and the ones that died knew what happened. It was what it was and now it is what it is. Bottom line everyone believes what they want to and that's fine. Personally I don't know what happened, but I know I will see 1 of the members inparticularly waiting for me at the beautiful gates of Heaven! Some of your comments have made me literally sick to my stomach! I have been sick from this since it happened maybe their will be closure now. Please have some compassion and don't write hurtful comments. It's over the Hughe's family ect. lost and received NO MONEY none at all. So I ask please out of respect for my bestfriend and the family please stop being so hateful and hurtful to each other! If they were in your shoes not a single one of them would be writing these hurtful comments. ONLY GOD KNOWS. Let's make the best of all of our lives on earth and be nice to each other, because we never know when it will be our last day on this earth.

Anonymous said...

Tonight I will pray for the Hughes family. Your loss is much greater than I can ever imagine. The rest of you I will pray that God takes the evil out of our soul.
A fools mouth lashes out with pride, but the lips of the wise protect them. The wise fear the Lord and shun evil, but a fool is hotheaded and yet feels secure.

Anonymous said...

WELL SAID 10:24

Anonymous said...

the family swerved to get out of the illegal immigrant drivers way when he over corrected the original verdict should have stood he the sand hauler should have never been behind the wheel but he worked for a wetback owned company that never check to see if the driver was legal or not and let him drive and txi knew this and didnt care maybe ICE SHOULD visit there work places to see just how many illegals really work for them that could cause a repeat of this

Anonymous said...

Can an illegal alien even get a legitimate US driver's license?
Was this driver a LICENSED (US)driver?
If he was, then why is the US handing out driver's licenses to people who are not citizens of this country? WHY?!

Anonymous said...

Maybe he bought it a few years ago when there was a scandle in at least Mckinney for someone selling drivers licenses

Anonymous said...

I would like to see the Messenger run a story from the Hughes' family view point on this matter. I would like to see Barry delete all these comments. Ugly, ugly talk!!

Anonymous said...

Yes illegal aliens can get driver license's. What most people don't understand is TXI gets wedged between both sides. They can only verify whether or not the social security number are valid in the data base. They are confidential and information is extremely limited. There have been recent laws to change some of the verification processes but those were not applicable at the time of this accident. If TXI doesn't hire a person who has all the correct credentials ( even if they are fraudulent) then they are subject to discrimination. Now for TXI action or actions after the status I don't have any idea.

Regardless of who was at fault I feel sorrow for the loss that the community and Hughes family has endured. Nothing can bring them back even money.