Sunday, February 28, 2016

Leon Family Satisfied With FedEx Wrongful Death Jury Verdict of $5.5 Million

While no amount of money could ever compensate Elia Leon and her three children for the wrongful death of her husband and father, she was satisfied with the FedEx wrongful death jury verdict of $5.5 million.  An Albuquerque Federal Court jury returned the multi-million dollar verdict against FedEx on Friday afternoon.

"I hope that FedEx changes its practices and begins a truck driver safety program so that other families won't suffer personal injuries and wrongful death from FedEx drivers," said Elia Leon.  "The loss to our family when Martin was killed by the FedEx truck driver changed our lives forever."

Martin Leon was killed on November 30, 2011 while he was a passenger in the FedEx tractor-trailer on Interstate 40 near Grants, NM.  He was in the sleeper compartment of a FedEx semi truck when his co-driver Fernando Martinez-Leandro rear-ended a slower moving  semi truck operated by Puckett Transportation.  Martinez-Leandro told investigating officers that he had fallen asleep before rear-ending the Puckett truck.

Martin Leon was a 48 year old  resident of Los Angeles, CA. In addition to his wife Elia, he left three children, Juanita, Adrian and Luis.

Following the death of Martin, Elia Leon hired Mark Caruso with Caruso Law Offices to represent her in a wrongful death claim against FedEx and Puckett Transportation. The lawsuit was filed by Caruso in US District Court in New Mexico and assigned to Federal Court Judge James Browning.

Elia Leon ultimately settled her claim against Puckett Transportation and its driver, but the lawsuit against FedEx and its driver was heard by the Albuquerque jury and Judge Browning last week.   The 5 day jury trial resulted in a jury awarding $5.5 million to the Leon family.

The family argued negligence and negligence per se statutory violations in the operation of the FedEx semi truck by Martinez-Leandro.  The family also argued that FedEx  failed to provide driver safety training to Martinez-Leandro and other FedEx  drivers.

Evidence  at trial proved that the trucking industry standard is for trucking companies to provide regular on-the-road truck driver safety training and that such regular truck driver safety training results in less crashes and less injury and death to the public.

FedEx attorneys argued that neither FedEx or its driver were negligent in the operation of the semi truck.    FedEx attorneys also argued that FedEx did not need to provide regular truck driver safety training to Martinez-Leandro or other FedEx drivers.

FedEx was represented by the Rodey Law Firm from Albuquerque and FedEx national counsel from Pittsburgh, Pennsylvania.   Mark Caruso with Caruso Law Offices and Paul Barber represented the Leon family.

For additional information contact Mark Caruso at  (505) 883-5000  or   mark@carusolaw.com   or see the website at www.CarusoLaw.com   or    www.NMTruckAccidentAttorneys.com