The death of a samaritan draws $41M jury verdict

CASE TYPE: wrongful death, gross negligence
JURY VERDICT: $41.67 million

Pedestrian Wanda Stinson, 61 was run over by an 18-wheeler driven by Charles Winkelmann while Mr. Winkelmann was in an intoxicated state.

Ms. Stinson had stopped to assist a passenger in a vehicle that had been previously struck by Mr. Winkelmann.

As Mr. Winkelmann fled the scene, his trailer knocked Ms. Stinson over and two sets of rear tires ran over her. Mr. Winkelmann was apprehended by police after a 20-minute chase on several Houston freeways. A half- empty bottle of whiskey was found in the cab of his truck. The accident occurred on Bent Oak near Beltway 8 and U.S. 290 on Jan. 3, 1998.

Ms. Stinson was hospitalized in intensive care for three months prior to her death on April 3, 1998. The plaintiffs- the Estate of Wanda Stinson and her two adult children- alleged that Mr. Winkelmann was grossly negligent for driving while intoxicated and for running over Ms. Stinson. Mr Winkelmann is the owner of Rockin W Trucking, a small trucking company in Humble, Texas. Mr. Winkelmann refused to take a Breathalyzer test.

The defendants admitted that Mr. Winkelmann bore some responsibility for this accident; however, defense counsel claimed that Ms. Stinson was negligent in placing herself in harm’s way of a moving truck and in failing to heed the advice she had shouted to other pedestrians to stay away form the truck.

The jury found Mr. Winkelmann and the trucking company negligent and grossly negligent. The jury award included $30 million in punitive damages, and $8 million on the wrongful death count. Mr. Winkelmann is serving a 10-year sentence for intoxication manslaughter.