In May 2012, Fabian Escobedo either fell asleep at the wheel or lost control of a Mo-Vacs 2007 Mack truck tractor while towing a tank trailer. Escobedo swerved off the road and and rolled over.
The evidence shows that Escobedo probably survived the initial accident and did not die on impact, but instead suffocated to death soon afterward as a result of trauma to his torso.
“The evidence showed that Fabian took evasive action which caused the vehicle to rollover and that he did not die from his injuries but instead suffocated.”
Because Escobedo survived the initial accident, his family filed a lawsuit under the Texas Survivor Statute, which allows plaintiffs to pursue compensation for pain and suffering that led up to a death.
The 13th Court of Appeals overturned a lower court’s decision that the family was only entitled to workers’ compensation for the man’s death.
The appeal was filed in the 13th Court of Appeals of the State of Texas — In RE: Primitivo Escobedo et al. v. Mo-Vac Service Co. Inc. — Case Number: 13-16-00435-CV.