Priscilla Ruiz individually and as next friend of James Estrella Jr. v.

D
& S Container, Inc. d/b/a Budget Box and Staff Force, Inc; 2018 Jury
Verdicts LEXIS 3924
DC-16-13854
March 28, 2018

Headline: Box Factory Failed to Follow Its Safety Program

Verdict Award: $ 1,600,000

Award Details: The jury found gross negligence by D&S and awarded $1.6
million in punitive damages, apportioning 65 percent to Ruiz and 35 percent
to her son. Pre-trial settlement offer $100.000. CNA Insurance Policy $1
million.

Trial Length 4.0 days

Jury Deliberation 2.0 hours

Jury Composition 3 male, 9 female

Jury Poll 12-0

Insurer: CNA for D&S Container

Published Date: April 16, 2018

Court: Dallas County District Court, 101st

Judge: Staci Williams

Plaintiff Counsel
Sadat Montgomery
Firm Name: Montgomery Law
Address: Dallas, TX
Plaintiff Name: (James Estrella, Jr., Priscilla Ruiz)

Defendant Counsel

Kevin E. Oliver
Firm Name: Law Offices of Brian J. Judis, CNA Insurance Co.
Address: Dallas, TX
Case Summary
On June 29, 2016, plaintiffs' decedent James Estrella, 31, a general laborer at a corrugated box
manufacturing facility in Dallas that's owned by D&S Container Inc., was cleaning scrap material out of a
die-cutter machine. The die-cutter operator was unaware of Estrella's presence and started to use the
machine. Estrella's upper body was pulled inside, and his head was crushed. Staff Force Inc. is a staffing
agency that provided Estrella to D&S Container. Estrella was survived by his common-law wife, plaintiff
Priscilla Ruiz, a homemaker, and their son, plaintiff James Estrella Jr., age 5.

Ruiz, for herself and her son, sued D&S Container, operating as Budget Box, for gross negligence. She
sued Staff Force for negligence, and they settled for an undisclosed amount several months before trial.
D&S was a subscriber to workers' compensation and had liability insurance through CNA. It also had
insurance policies with CNA affiliates Valley Forge Insurance Co. and Continental Casualty. Ruiz sued
Valley Forge and Continental Casualty, but nonsuited them after discovery showed that those companies'
insurance policies were not applicable to this incident. The case went to trial against D&S only.

The plaintiffs' occupational safety and health expert testified that the company failed to follow the safety
program that it had implemented in 2013, which required in part that machines be locked out and tagged
out before cleaning, and that all managers and supervisors be responsible for ensuring and training to
ensure a safe workplace.

Plaintiffs' counsel noted that he company's safety manager had left the company shortly after drafting the
safety program and was never replaced. The manager in charge of the facility admitted that the company
never consistently followed the program, plaintiffs' counsel noted.

The expert also testified that the machines at the facility had inadequate guarding, or procedures and
devices to prevent injury.

Several employees testified that helpers, such as Estrella, were expected to reach into the machines to
clean out the scrap on a regular basis and without the machines being locked out and tagged out.

The defense argued that higher-ups in the company were unaware that the safety program was not being
followed. They testified that they thought the machines were cleaned only when locked out and tagged out,
and that they did not know helpers were doing the cleaning. However, they gave inconsistent testimony
about which non-helper employees were supposed to be doing the cleaning.

The defense moved for a directed verdict, which was denied.

The defense brought in an appellate lawyer, Michelle Robberson, for the charge conference.

Injury Text:

Estrella sustained a crush injury to the head and died at the scene. Ruiz and her son sought unspecified
punitive damages, allocated between them however the jury thought was fair.

Plaintiff's counsel argued that the company had made so many false and inconsistent statements that it
must be trying to "sweep the truth under the rug." If the jury did not punish the defendant, it was only a
matter of time before "another James Estrella" would be killed, counsel argued.

Plaintiff's counsel questioned the credibility of the testimony of one of D&S owners that the company was
worth only $2.5 million.