Car with Six Occupants Rear-ended by 18-Wheeler

Full Case Name:



92nd District Court; Hidalgo County, Texas

Case Number:


Homer Salinas

Significant Legal Issues or Holdings:

Plaintiff Characteristics:  age, work history, earnings, family, etc.

Agustin Lara

Sex: Male

Liability Facts:

The accident occurred Oct. 17, 1994, in Amarillo when an 18-wheeler driven by IBP employee Dalton Eugene Haywood struck the rear of Agustin Lara's 1982 Buick. Lara and five other family members in the car suffered injuries.

Lara and his family filed suit in Hidalgo County's 92nd District Court, alleging that IBP had been negligent in hiring an incompetent driver. The complaint also accused IBP of failing to exercise ordinary care when it entrusted the truck to Haywood.

The plaintiffs claimed Haywood, who admitted to driving at a high rate of speed and not properly looking out, was operating the truck under the influence of marijuana and was kept on the job by IBP even after IBP discovered he was on parole for a felony drug conviction.

Pretrial negotiations eventually led to the settlement. Judge Salinas signed the judgment Aug. 13, 1996.

Describe Physical Injuries by Plaintiff:

The plaintiffs sought various damages, including physical pain and suffering, medical expenses, loss of earnings, loss of consortium and disfigurement.

Describe Special Damages by Plaintiff:

Plaintiff Experts & Specialty (Name/Address/Phone)

Defense Experts & Specialty (Name/Address/Phone)

Plaintiff Attorney(s)

Frank L. Branson, The Law Offices of Frank L. Branson, P.C. Dallas, TX

As submitting plaintiff’s attorney, based on historical data in my files, it is my belief that the facts contained herein are accurate.  APITLAmerica® has requested and I am giving permission for it to use this case in its website and newsletters to other attorneys. 

Submitted by:

Plaintiff Attorney:

Frank L. Branson

Phone: 214-522-0200                 Fax: 214-521-5485


Highland Park Place, Suite 1800

4514 Cole Avenue

Email Address:


Dallas, Texas 75205


Putting the Brakes on Unsafe Trucking Companies