$71.95 millionVerdict

$71.95 Million Verdict for Family of Electrician Killed in Irving Scissor-Lift Collision

Verdict · 44th Civil District Court, Dallas County, TX (Case No. DC-19-16959) · 2024

Won by Aldous Law.

A Dallas jury awarded $71.95 million to the widow and four children of electrician Hernan Murillo, killed at an Irving Frito-Lay warehouse in 2019 when a boom lift struck his elevated scissor lift.

What happened

In 2019, Hernan Murillo, a 40-year-old electrician, was performing work about 30 feet in the air on a scissor lift inside a Frito-Lay warehouse in Irving, Texas. A boom lift operated by another worker backed into the extended scissor lift, toppling it. Murillo fell to the concrete floor and died from his injuries. The collision was captured on the facility's video system.

Murillo's widow, Laura Lopez, brought suit on behalf of herself and the couple's four children against Walker Engineering Inc. and its affiliated company Walker Industrial LLC, the contractors responsible for the boom lift operator. The case worked through the courts for years. Frito-Lay and general contractor Haskell Company reached a separate settlement in 2022, with $2.4 million set aside for Murillo's children.

The claims against Walker Engineering proceeded to a three-week jury trial in Dallas County's 44th Civil District Court before Judge Veretta Frazier. Attorneys Charla Aldous, Eleanor Aldous, Caleb Miller, and Brent Walker of Aldous Walker LLP, along with co-counsel M. Kevin Queenan and Carlos Lopez of the Queenan Law Firm, argued that Walker Engineering permitted an unqualified employee to operate the boom lift. The firm presented the Frito-Lay video footage showing how the collision occurred.

The defense contended the boom lift operator belonged to Walker Industrial, a legally separate entity, and that Murillo bore responsibility for positioning the scissor lift near the boom lift. Walker Industrial had been dismissed before trial but remained a focus of the defense's liability argument. Defense counsel offered $1.25 million to settle during trial, up from an earlier $1 million offer.

After three days of deliberations, the jury found Walker Engineering 65 percent liable and Walker Industrial 35 percent liable. Under Texas joint and several liability law, Walker Engineering was held responsible for the full award. On April 25, 2024, the jury returned a verdict of $71.95 million, far exceeding the defense's pre-trial damages estimate of approximately $6 million.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from Aldous Law

All Aldous Law proven verdicts →
$268.6 millionVerdictMedical MalpracticeTX

A Dallas County jury returned one of the largest medical-malpractice verdicts in the country after a teenager with cerebral palsy died at Medical City Dallas when hospital staff administered multiple times the appropriate dose of the anesthetic propofol following a routine airway procedure.

2000 · Dallas County, TXRead the full story →
$37.6 millionVerdictReversed on appealProduct LiabilityTX

A Dallas jury awarded $37.6 million in February 2019 to Sarah Milburn, left quadriplegic after a 2015 Uber crash, after finding Honda's two-part third-row seat belt design so counterintuitive that fewer than one in ten unfamiliar users could operate it correctly; the Texas Supreme Court reversed the judgment in 2024 on statutory presumption grounds.

2019 · 116th Civil District Court, Dallas County, TX (Case No. DC-16-16470)Read the full story →
$32 millionVerdictPremises LiabilityTX

A Denton County jury awarded $32 million in February 2019 to a woman who was sexually assaulted at age 14 after two Hebron High School football players spiked her drink at a 2012 party, neither of whom had ever faced criminal charges.

2019 · 462nd Judicial District Court, Denton County, TXRead the full story →
$30 millionSettlementPaidCar AccidentsTX

Barbara Dalby, an Odessa proposal specialist and mother of three, secured a $30 million settlement against Hunt Oil after one of the company's intoxicated employees struck her head-on in 2019, leaving her with permanent spinal injuries and unable to work.

2024 · 116th District Court, Dallas County, TXRead the full story →

Related wrongful death verdicts

$150.37 billionVerdictNot collectableTX

In December 2011, a Fayette County, Texas jury awarded the family of an 8-year-old Splendora boy $150.37 billion after he was doused with gasoline and set on fire by a 13-year-old neighbor in 1998, two weeks after the same neighbor sexually assaulted him. The boy survived third-degree burns over 99 percent of his body for nearly 13 years before dying in April 2011 of a skin cancer linked to his injuries. The defendant, Don Wilburn Collins, never appeared to answer the civil suit, and the jury awarded $370 million in actual damages plus roughly $150 billion in punitive damages, the largest civil verdict in U.S. history. Attorney Craig Sico, who represented the family, said from the outset that the judgment was not collectible and was intended to pressure prosecutors into reopening the long-dormant criminal case. Prosecutors did reopen the case, and Collins was later convicted of capital murder in a separate criminal proceeding.

Sico Hoelscher Harris LLP2011 · District Court, Fayette County, Texas (La Grange)Read the full story →
$23.6 billionVerdictReversed on appealFL

A Pensacola jury awarded Cynthia Robinson $23.6 billion in punitive damages against R.J. Reynolds over the 1996 lung cancer death of her 36-year-old husband, the largest single-plaintiff award of Florida's Engle tobacco litigation, but the trial judge called the number constitutionally excessive, an appeals court ordered a full retrial over improper closing arguments, and a second jury returned a complete defense verdict in 2019, so the estate ultimately collected nothing.

Gary, Williams, Parenti, Watson & Gary, P.L.L.C.2014 · First Judicial Circuit, Escambia County, FloridaRead the full story →
$13.5 billionSettlementGroup recoveryCA

Frantz Law Group, representing roughly 5,000 victims, helped negotiate a $13.5 billion PG&E bankruptcy settlement covering tens of thousands of survivors and families from the 2015 Butte, 2017 North Bay, and 2018 Camp wildfires.

Frantz Law Group2020 · U.S. Bankruptcy Court, Northern District of CaliforniaRead the full story →
$4.04 billionSettlementGroup recoveryHI

Leavitt, Yamane and Soldner represented Maui wildfire survivors and victims' families in the $4.037 billion global settlement resolving approximately 450 lawsuits arising from the August 2023 Lahaina fire.

Leavitt, Yamane & Soldner2024 · State and Federal Courts, Maui, HawaiiRead the full story →