Why Jurisdiction and Venue are Critical for Your Case

In June 2024, a Georgia jury returned a verdict in the amount of $47 million against Schneider National, a large, national trucking company headquartered in Wisconsin. There’s a couple of things to take note of in this case. First, the verdict was made possible by the fact that Georgia has punitive damages. Compare this to Nebraska and a few other states that don’t have punitive damages available. Thus, jurisdiction and venue are critical factors to be considered in any trucking case. A $47 million verdict is virtually impossible to achieve in Nebraska and other states that don’t have punitive damages. Also important is the fact that just because there are punitive damages in a state, the likelihood of a favorable settlement is much more likely when there is a potential for filing in a state where punitive damages are available. So, lawyers in Nebraska and other states without punitive damages, ALWAYS consider where your case can be venued.

Another lesson from this case is to be on the lookout for facts that make the case “sexy.” Meaning facts that are likely to bring everyday people to the conclusion that a big verdict is necessary.  In the case involving Schneider National, it was the driver’s lack of experience, an apparent lie told in a deposition about Schneider’s truck being in the area at the time of the crash, and evidence that the driver did not have a period of continued sleep or rest. Five months after this crash, Schneider’s  driver tested positive for methamphetamine resulting in his termination.  But even before this crash, and before he tested positive for meth, the driver had established a record with Schneider National for unsafe driving.  These facts indicate that this driver should never have been on the road, or at least not on the road without a supervisor/trainer driver.

When considering whether to accept representation in a trucking case, any competent lawyer will be looking for facts that will excite a jury, and that lawyer will be looking for the proper place to bring a lawsuit. Steps must be taken immediately to protect your choice of venue and jurisdiction. Also, steps must be taken immediately to protect the evidence. Tony Brock has been involved in truck accident litigation for thirty years. A frank, in-depth conversation about your case costs nothing. If Brock Law accepts representation in your case, the law firm will charge no fee until a recovery is obtained.  Trucking litigation is a specialized area of the personal injury law practice. If you don’t have somebody who is knowledgeable and experienced in trucking matters, it is virtually impossible for you to get the best possible result. Call me. 402-800-1037.