Shipping companies commonly employ drivers to operate the trucks they use to transport packages. People that drive for a living are bound by the same laws and regulations as all other Texas motorists, but they nonetheless often ignore their statutory duties and drive negligently. If a driver for a shipping company causes a collision that injures another party, both the driver and the company may be deemed liable. Whether a corporate representative from the company can be compelled to testify at trial is unclear, however, as demonstrated in In re Zach Brown, No. 20-0992, a case arising out of a motorcycle collision recently upon by the Supreme Court of Texas. If you suffered injuries in a motorcycle accident, you may be able to pursue compensation from multiple parties, and you should meet with a Texas motorcycle accident attorney to discuss your potential claims.
Procedural Background of the Case
It is alleged that the plaintiff was operating his motorcycle on a Texas highway when he collided with a truck owned by a commercial shipping company and driven by its employee. The plaintiff sustained serious bodily harm in the crash and subsequently filed a personal injury lawsuit against the shipping company and its employee. A week before the trial, the plaintiff served the shipping company commanding the presence of a corporate representative that lived within 150 miles of the county courthouse at trial.
It is reported that the shipping company moved to quash the subpoena, arguing that there was no legal authority that would allow the plaintiff to compel a corporate representative to appear at trial. The court denied the motion, and the defendant petitioned for writ of mandamus. The court granted the petition, after which the plaintiff petitioned for writ of mandamus. Continue Reading