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Donaldson v. J.D. Transportation Co.6/22/2005
Sitting: Alma L. López, Chief Justice, Karen Angelini, Justice, Phylis J. Speedlin, Justice.
AFFIRMED
Jack and Shirley Donaldson appeal from the trial court's judgment awarding them damages against J. D. Transportation Company in their wrongful death and survival suit brought as a result of the death of their daughter, Nerissa Villarreal. On appeal, the Donaldsons contend the trial court erred in failing to hold Jaime Dominguez individually liable in addition to holding the company vicariously liable for Dominguez's negligence. A cross appeal was also filed by J. D. Transportation Company and Jaime Dominguez challenging the trial court's findings that Jaime Dominguez was negligent, that his negligence was a proximate cause of the death of Nerissa Villarreal, the proportionate responsibility attributable to any negligence of Jaime Dominguez, and the sufficiency of the evidence supporting the damages awarded. We conclude that there is insufficient evidence to support the trial court's finding that Jaime Dominguez's negligence was a proximate cause of the injuries to and death of Nerissa Villarreal. However, because the trial court's judgment held J. D. Transportation Company vicariously responsible for the entire amount of damages awarded based on the negligence of both Ruben Villarreal and Jaime Dominguez, and did not provide for any individual liability by Jaime Dominguez, our conclusion does not require modification of the trial court's judgment. We therefore affirm the judgment.
Background
On June 2, 2002, Ruben Villarreal, a truckdriver employed by J.D. Transportation Company, was driving a commercial truck eastbound on Interstate 10 through New Mexico on his way from California to Texas. Nerissa Villarreal, Ruben's wife and co-driver, was a passenger in the truck. At approximately 4:30 a.m., the truck left the roadway and overturned, striking a guardrail. Both Ruben and Nerissa Villarreal were killed in the accident.
Jack and Shirley Donaldson brought suit against J. D. Transportation and Jaime Dominguez under the wrongful death and survival statutes individually, as the heirs and personal representatives of their daughter's estate, and as next friend of their granddaughter, Charlotte Walters. The suit alleged that the injuries and death of Nerissa Villarreal were proximately caused by the negligence of the driver, Ruben Villarreal, and the negligence of his supervisor, Jaime Dominguez, in the hiring, supervision, and retention of Mr. Villarreal. The Donaldsons alleged that the trucking company was vicariously liable for the negligence of both Ruben Villarreal and Dominguez. They sought damages for the conscious pain and suffering and mental anguish experienced by Nerissa prior to her death in the accident; Nerissa's funeral expenses; their own individual mental anguish and loss of companionship as a result of their daughter's death; and for the pecuniary losses, loss of companionship, and mental anguish of Charlotte Walters as a result of the death of her mother.
The case was tried to the court in May 2004. The trial court entered judgment that the Donaldsons were entitled to recover damages from J. D. Transportation based on the company's vicarious liability for the acts of both Ruben Villarreal and Jaime Dominguez, but ordered that the Donaldsons take nothing against Jaime Dominguez individually. The judgment awarded the following damages: $303,431.60 to Shirley Donaldson; $303,431.60 to Jack Donaldson; and $929,112.00 to Charlotte Walters. In its findings of fact and conclusions of law, the trial court found that Jaime Dominguez, acting in the course and scope of his employment, had been solely responsible for the hiring,
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