Earlier this month, a Travis County jury awarded a stabbing victim $1.02 million in a lawsuit against Austin Cab Company and the taxicab driver. The incident occurred in March 2014 after Jose Herrera and his friends disagreed with their cab driver, Sherman Wilkins, over their cab fare. After the bars had closed, Wilkins picked up Herrera and his friends on 6th Street and drove them 1.4 miles to South Congress. Upon arrival, Wilkins demanded $149.50 for the cab fare. When Herrera exited the cab and protested the cab fare, Wilkins pulled out a knife and swung it toward Herrera. Wilkins stabbed Herrera in the chest, puncturing a lung and narrowly missing his heart. Once Herrera fell to the ground, Wilkins began punching him. Herrera’s friends were able to stop the attack but Wilkins later sliced Herrera’s arm in a second attack.
Herrera filed suit against Austin Cab Company and Wilkins. Under Texas law, common carriers, such as the cab company, have a duty to serve passengers with a high degree of care. According to the lawsuit, Austin Cab Company was aware of Wilkins’ extensive criminal background which included similar instances of violence. The jury found Austin Cab Company directly liable for hiring Wilkins. Austin Cab Company argued that Wilkins was an independent contractor, rather than an employee of the company. However, the jury found that Wilkins was an employee of Austin Cab Company based upon the level of control that the cab company exercised over him. The jury also found that Wilkins was grossly negligent and awarded punitive damages. Austin Cab Company offered $30,000 to settle with Herrera before trial.
If you or someone you know has been injured as a result of negligence, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-231-9360 or toll free at 1‑800-594-4884.