On January 2, 2008 a bus operated by Houston based bus operators was involved in a rollover accident near Victoria, Texas. The bus rollover accident caused one wrongful death and numerous injuries. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogners represents nine claimants. The legal team for the plaintiffs group had to devise an innovative plan to obtain coverage under the insurance policy of Transportes Chavez, Inc. since the subject bus was not listed as a “covered auto” on its insurance policy and Transportes Chavez, Inc. contended that it did not operate the bus. On the date of the incident, the subject bus was not operating under the U.S. D.O.T. number of Transportes Chavez, Inc. However, plaintiff’s legal team alleged that two of its employees were controlling the operation of the subject bus.
During the deposition of a Transportes Chavez, Inc. corporate representative, the legal team for the plaintiffs group was able to develop testimony to support allegations against Transportes Chavez, Inc. based on the following legal theories:
•• Single Business Enterprise
•• Alter Ego
•• Sham used to perpetuate fraud and circumvent federal law
•• Participatory liability
•• Doctrine of vice-principal / non-delegable duties / common carrier
•• Negligent hiring, retention and supervision of shared employees
However, these settlements do not mean the conclusion of this litigation. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogners intends to pursue further claims on behalf of its clients.