An upcoming hearing could decide whether a Dallas County jury’s award of nearly $4 million for the family of a motorist killed after hitting a 18-wheeler stopped on an interstate will be upheld.
Jurors in June awarded the family of a man killed in the 2021 crash $3.6 million, after the jury found the negligence of a North Texas-based trucking company and a truck driver primarily caused the collision.
According to court records, Robert Buntyn, 24, was killed just after 10 p.m. Sept. 2, 2021 while driving home from his family’s business. His vehicle crashed into the back of a tractor-trailer on Interstate 635, near the State Highway 121 interchange. A mechanical issue caused the truck to stop in the middle of the highway, and the driver did not deploy any flares or triangles to warn oncoming drivers, a lawsuit filed on behalf of Buntyn’s family alleges.
Dara Harris, Buntyn’s mother, told The Dallas Morning News on Wednesday that the years following Buntyn’s death have been devastating for her family. She described her son as a person who loved traveling and living life to the fullest. Harris said Buntyn, a graduate of Central High School in Keller, enjoyed playing multiple sports and had many friends from school.
“He loved people, he loved life,” Harris said in a phone interview. “He was a great person. Very missed by friends and family.”
Despite the trial and jury verdict, a final judgment has not been entered in the case, according to court records. Attorneys for the trucking company have motioned for a judgement non obstante verdicto — or “notwithstanding the veridict,” per Cornell Law — to be entered, which could negate the jury verdict. Attorneys for Buntyn’s parents have motioned for the jury verdict to be entered as the final judgment.
A final hearing in the case has been scheduled for Aug. 16.
The wrongful death lawsuit was first filed in December 2021 by Buntyn’s parents and asked for damages no less than $1 million. The petition was filed against Newkirk Logistics, a Grapevine-based trucking and transportation company, and Desiree Boyd, a former Newkirk employee who was driving the semitrailer involved in the fatal crash.
Harris said she and her ex-husband decided to file after initially getting few details about the collision. She said she wanted to know the full story about what happened to her son, especially after she heard the semi truck had been stopped on the highway for several minutes prior to the collision.
The lawsuit alleged Boyd allowed the tractor-trailer to stop in the middle of the highway and did not deploy flares or triangles to warn oncoming vehicles. The suit alleged that Newkirk did not properly or adequately train Boyd on safe practices for stopping the truck on a highway.
Court documents show Boyd testified that the air brake system in the 18-wheeler began losing pressure, and that she stopped in a middle lane on the highway. A photo submitted as evidence in the trial showed a disconnected brake line on the tractor-trailer.
According to Boyd’s testimony, the crash occurred roughly five minutes after the truck stopped, while Boyd was on the phone with her boss trying to figure out what to do. Boyd said she did not have flares in the truck and did have triangle cones, but did not have enough time to deploy them before the crash, according to court documents.
Boyd testified she was fired from Newkirk the same month as the accident.
In a jury charge submitted June 13, the jury found Newkirk 50% liable for the crash, Boyd 40% responsible and Buntyn 10% responsible. The jury awarded Buntyn’s parents a total of $3.6 million, court documents show.
Harris described the trial process as “torturous.” She said the family first tried to mediate the case and settle out of court, but was only given an offer of $17,000, far less than the $1 million the family first asked for.
Despite the hard trial process, Harris said she is glad she and her ex-husband fought through the trial and said she is thankful it will soon be coming to a close.
“They ran across the wrong family,” Harris said. “My last dying breath is going to be fighting for my son.”
Buntyn’s parents were represented by Malorie Peacock, a San Antonio-based attorney who specializes in trucking accident lawsuits. Attorneys representing Newkirk and Boyd did not respond to an emailed request for comment. Boyd declined comment when contacted by the Dallas Morning News.