Rodriguez

BACKGROUND

An AC Pipe employee was driving a company truck on Lerdo Highway when it became disabled. He pulled the vehicle over onto the paved shoulder and Rodriguez, a supervisor at AC Pipe, traveled to the scene. After arriving, Rodriguez and a colleague stood on the paved shoulder and tried to refuel the disabled vehicle. They admitted to informally planning to watch for “traffic” as they stood on the paved shoulder. Moments later, Rodriguez was struck by Willis who was driving a KSI truck.

1 Throughout the opinion, we interchangeably use the terms accident and collision.

2 Counsel stipulated KSI “will be responsible for any negligence of … Willis.” There was not a separate finding regarding KSI.

2. After the collision, Rodriguez underwent surgery on his “right shoulder,” “left arm,” “teeth” and “jaw,” and “lower back ….” He also suffered psychological trauma.3 Several experts testified about Rodriguez’s injuries, their cause, and the collision itself. Some experts pointed out the AC Pipe employees, Rodriguez included, failed to utilize cones and hazard lights to prevent a collision. The jury found Willis responsible for Rodriguez’s injuries, but found Rodriguez and AC Pipe…