- Mother sued after son killed in crash with chaser vehicle
- Fact questions raised on Weather Channel’s vicarious liability
Weather Group Television LLC must face trial in a suit by a mother whose son was killed when his car was struck by a Weather Channel storm chaser, a Texas federal court said.
A jury must must determine if Weather Group, which does business as the Weather Channel, may be held liable for the chasers’ alleged negligence, the U.S. District Court for the Northern District of Texas said Tuesday.
Corbin Lee Jaeger died in a two-vehicle collision near Spur, Texas, in March 2017.
His mother, Karen Di Piazza, alleged a Chevrolet Suburban driven by Randall Yarnall and occupied by Kelley Gene Williamson ran a stop sign and hit Jaeger’s Jeep Patriot while the pair were racing to film a tornado. All three died at the scene.
The evidence raises fact questions concerning whether the pair were acting as agents of the Weather Channel or as independent contractors, Judge Sam R. Cummings said.
For example, Yarnall and Williamson were the only storm chasers “retained” by the Weather Channel in 2016 and 2017, they were reimbursed for expenses, and their vehicle displayed the signature Weather Channel logo, the court said.
But the company reported their pay as nonemployee compensation and didn’t withhold federal income taxes, the court said.
Fact questions also exist concerning the degree of Weather Channel’s control over the pair if they’re considered independent contractors, another potential avenue of liability, the court said.
Di Piazza may also try her claims alleging negligent hiring, supervision, and retention, the court said.
Yarnall had a valid commercial driver’s license with no traffic violations or collision history when he was hired in April 2016, the court said.
However, evidence shows that after Yarnall’s hire, Weather Channel was made aware of reckless incidents including driving at excessive speeds, driving 32 hours without sleep, and driving directly into the path of a tornadic storm, the court said.
But Di Piazza can’t pursue punitive damages, the court said. Texas law, which governs the claims, doesn’t allow punitive damages in a wrongful death case.
Trial is set to start May 3.
McCleskey Harriger Brazill & Graf LLP and Law Offices of Robert A. Ball in San Diego represented Di Piazza. Fletcher Farley Shipman & Salinas LLP represented Weather Group.
The case is Piazza v. Weather Group Television, LLC, N.D. Tex., No. 5:19-cv-00060, 3/23/21.
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