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Jury: TxDOT and contractor also share blame for DWI tragedy

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by JIM DOUGLAS / WFAA-TV

wfaa.com

Posted on February 23, 2010 at 4:18 PM

Updated Wednesday, Feb 24 at 12:50 AM

DECATUR - The A&M student from Decatur lost all but her life one morning, while headed to her summer job. A DWI crash that devastated a North Texas family was not just the fault of the drunk driver.  A jury decided Monday night that TxDOT and a highway contractor also share the blame, and millions of dollars in liability.

The victim, Jackie Murphree, can't walk, talk or eat because of severe brain injuries.

That same morning Betty Monroe was headed home from a night of hard drinking. She blundered onto a section of Highway 380 that was closed for construction, and broadsided Murphree.

Jurors said the drunk driver deserves 70-percent of the blame, but that TxDOT and a contractor called Site Concrete share the rest of the blame for negligence.

"What we're looking at here is foresight," says Jackie's father, Patrick Murphree.  "What should have been done to keep things from progressing to this point."

Jurors decided there should have been more safety precautions like barrels, barricades and markers that might have kept Betty Monroe from getting onto the closed pavement.  A Wise County jury awarded Jackie's family a total of $23.5 million.

Her father says any money recovered will help pay for his daughter's future care, which she requires round the clock.  Patrick Murphree quit his job to care for Jackie.  He says, "It might mean whenever we're gone, her level of care is maintained." 

But the fact is, Betty Monroe can't pay, TxDOT has immunity and attorneys aren't sure how much might be recoverable from the contractor.  Even if the verdict turns out to be largely symbolic, even if the Murphrees get only a fraction of the award, Jackie's father says the jury's decision is still important.

"The fact that the contractor and TxDOT were held responsible is a big thing," he says. " A big thing."

He says the jury's verdict will make contractors more careful in the future, even though it's too late for Jackie Murphree's future.

E-mail jdouglas@wfaa.com

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Comments: Displaying 1 - 15 of 19

theduck said on February 27, 2010 at 4:08 PM

this is very sad! my prayers are for Jackie and the family! As far as Betty NO she isnt in Jail! Wise County is known for Probation NO ONE GOES to jail/prison from WISE COUNTY! the more probation the more money that comes in for the county! we have drug dealers, sex offenders, and now betty monroe on probation! the one that should have to pay here is the County for letting this women out on bail and putting her on probation!

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antasb said on February 24, 2010 at 11:37 PM

To Idontthinkso....shame on you for wishing to be "put down" if this were you. I can't imagine you would feel that way if it were your husband, wife, child, etc. Yes, it's a terrible thing that happened. But she is a human being that is obviously surrounded by much love. She continues to touch people's lives around her daily. Could she do this if she was "put down"? if it is true about the drunk driver getting probation..well that makes me just sick anyone would make that ruling. She should be in jail and have to meet the person whose life she has changed drastically. She should have to suffer her consequences for the rest of her life. As a nurse, I know the time, love and money it must take to care of her. Bless her sweet father for devoting his life to her like that.

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confusedcitizen said on February 24, 2010 at 5:46 PM

It is the way TxDOT has the "laws" written in behalf of road construction. This way the general public cannot go around and sue TxDOT for damages such as this and they are not seen as a gravy train and it keeps the State from harboring legal and insurance costs. So therefore TxDOT requires that all subcontractors such as Site carry the insurance and liability for instances such as this. Cases where drunk drivers have driven and killed road crew workers, and the drunk drivers have turned around and sued the general contractors saying that they were at fault for not marking the roads with proper baracades. This is a common place pratice when it comes to road construction lawsuits. But when the roads don't get fixed people gripe about that too or when we have to wait in traffic for the road construction we gripe about that as well. So as a general public we are in turn never happy.

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mytwocentstoo said on February 24, 2010 at 11:26 AM

How does TXDOT have immunity?

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confusedcitizen said on February 24, 2010 at 10:40 AM

TXDOT makes the guidelines of what lines of what type of lane closures are considered appropriate for the road conditions depending on the traffic load and the time they have scheduled for the road construction to take place. In this case according to their guidlines they stated that the closures put forth by the contractor were acceptable. TXDOT has an easy out not allowing anyone to sue them for any sort of damages, and this leaves contractors open to fit the bill, but due to the economy many contractors are just hungry for any such work and are willing to take the risk to have work to keep the doors open on their businesses. This is such a tragic situation, the fact is that a drunk driver did harm this woman, but it looks to me that the jury wants someone to pay for her lifetime care and as the story states Monroe cannot, but the jury thinks Site can, do you think Site Concrete will be or is around now? Check around and see.

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dweplano said on February 23, 2010 at 9:36 PM

jilldavenport......You are absolutely wrong. There is no room for opinion here...this was not an "accident". It was tragic, but it was not an accident. Someone chose to drive drunk....as soon as that choice was made, it ceased to be an accident.

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hygiene said on February 23, 2010 at 7:29 PM

First of all, this accident should have never happened. It has alot to do with the fact that Betty Monroe was drunk, but also has to do with the fact that cement barricades were not put up at the site to block off this area. The drunk driver should have been stopped by the barricade that wasn't there due to the inexperience of the contractor. He admitted this in court. For the person that said "why is she still alive". I hope you never are put in this situation. If you see video of Jackie, she is aware of what is going on. She will smile at you, you can tell when she is happy, sad and she will "voice" to you when you speak to her. You can't just "pull the plug" on her. She is a living human being. Betty Monroe isn't in jail. She is living her life as usual while Jackie can't. She received 10 yrs probation for what she did. To idontthinkso, again I hope you are not in this situation ever. I wouldn't wish it on my worst enemy. Maybe you should see the whole story!!

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ldm1982 said on February 23, 2010 at 6:32 PM

Today I saw a guy have to blow into a car breathalyzer before starting his vehicle..... can you IMAGINE?!!!! When will people EVER learn to STOP driving DRUNK!!!! I just have zero tolerance for these losers who can't handle their own lives and end up taking someone else's.

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mavericksman said on February 23, 2010 at 5:55 PM

Betty Monroe needs to die!!

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ralamazan9661574 said on February 23, 2010 at 5:19 PM

TO idontthinkso I DONT THINK YOU HAVE KIDS..... just keep your dumb responces to yourself.

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resqr said on February 23, 2010 at 5:19 PM

What about the bar & the bar tender that continued to serve her? I believe that in and of itself is against the law.

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ntxjoe said on February 23, 2010 at 5:11 PM

Let's put this in perspective for some of you: If she had been sober and blundered onto the section of Highway 380 that was closed for construction and broadsided the Murphee car, then she, TXDOT, and the construction company would still be responsible if they did not provide clear and visible barricades to direct raffic. I've seen too many cases where signage and barricades are not obvious. Before making comments, please put yourself in the victim's place. Are you willing to let someone's lapses in judgement go unpunished if you are crippled or incapacitated for life? Lawsuits may not be popular but sometimes that's the only way to punish the perpetrator.

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idontthinkso said on February 23, 2010 at 4:56 PM

"The fact that the contractor and TxDOT were held responsible is a big thing," he says. A big thing." YEAH, a very big WRONG thing......the contractor and TxDOT were not in any way responciable for that, the drunk driver was 100% responcable and this ruling is just plain wrong.........I'm going to be blasted as being insensitive here, but why oh why are they keeping her alive??? Please, oh please, somebody put me down if I am ever in that condition!!!!

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patric said on February 23, 2010 at 4:51 PM

Drunk driving is not an ACCIDENT! From the story I think this is fair.

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ldm1982 said on February 23, 2010 at 4:49 PM

They seriously think some blockades or barricades are going to stop a drunk driver?! Those people have no reasoning abilities to speak of. That's how they end up going the wrong way on the tollway!!!! Bottom line - another tragic story about another STUPID drunk driver. geez.....

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bware said on February 23, 2010 at 4:45 PM

Terrible but I don't see how anyone other than the drunk driver is responsible. Warnings sign are put in place for people with normal judgement. Drunks do not fall into this category. Does TXDOT or a contractor have to make allowances for a drunk to understand warning signs? Not in my opinion.

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newsqueen123 said on February 23, 2010 at 4:41 PM

I'd be all over this Betty Monroe for the rest of her life. Is she in prison? If so, she needs to be given the opportunity to work at something and all the proceeds go to the Murphrees. If she isn't imprisoned, however she is keeping a roof over her head and food in her stomach should be investigated and if anyone is giving her a dime, it needs to go to the Murphrees instead. She is to blame for this terrible tragedy and she alone should pay in ANY way she can until her dying day.

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straittalker said on February 23, 2010 at 4:37 PM

So the highway builders are responsible for the driver being drunk? The drunk drivers are drunk because they have a ton of problems. I seriously doubt that many will have a bunch of money so the deep pockets pick up the slack. I totally disagree with this verdict.

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jilldavenport said on February 23, 2010 at 4:32 PM

This is ridiculous too. IT WAS A TRAGIC ACCIDENT. People are getting ridiculous. This doesn't prove anything but stupidity. I definitely feel very sorry for the girl and her family, but this is insane.

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