TNT Crane Lawsuit: $640M Verdict Vacated on Appeal

The TNT Crane lawsuit most people are searching for is the wrongful death case brought by the family of pipefitter David Loree, which produced a $640 million jury verdict against TNT Crane & Rigging in May 2025 before the Houston-based company settled on undisclosed terms while the case was on appeal. It is one of the largest wrongful death awards in Texas history, and it sits alongside a federal racial harassment consent decree and a string of lost OSHA appeals that together define the company’s recent legal record.

What Happened on the Texas A&M–San Antonio Job Site

On September 22, 2021, David Lester Loree II, a 56-year-old journeyman pipefitter, was killed at the construction site of the College of Business and Library building at Texas A&M University–San Antonio. Loree’s crew was installing large HVAC and air-handling units on the building’s fourth floor. One of the units being lifted by a TNT-operated crane became unstable and fell, crushing him.¹ A second worker was hospitalized in critical condition.²

The plaintiffs alleged the lift was attempted during wind gusts near 45 mph, well beyond a 25 mph safety threshold put into evidence at trial.¹ Byrne Construction was the general contractor, and several other defendants settled before trial. TNT Crane took the case to a jury.³

The $640 Million Verdict

Loree’s widow, Milena Loree, filed suit on October 15, 2021, in the 151st District Court of Harris County, Texas. The case was styled as cause number 2021-68047, with Judge Erica R. Hughes presiding.⁴⁵

TNT denied responsibility and argued that Loree was at fault for his own death. The company offered $6.9 million to settle before trial. Attorney Tony Buzbee, representing the estate, rejected the offer.⁶

After nearly four weeks of trial, the jury returned a split-day verdict in May 2025. On May 12, jurors awarded $159,805,500 in compensatory damages. The next day, they added $480 million in punitive damages. With prejudgment interest, the total passed $640 million. Jurors found clear and convincing evidence of gross negligence, the Texas standard required to reach punitive damages, and they assigned zero percent fault to Loree.⁶ Legal press reported the award as one of the largest wrongful death verdicts in Texas history.⁷

Appeal, Settlement, and a Vacated Judgment

TNT filed a motion for judgment notwithstanding the verdict and a motion for new trial in late July 2025, posted a supersedeas bond, and in September 2025 filed a notice of appeal. The case went to the Texas Fourteenth Court of Appeals.⁴

Before any appellate briefing, the parties settled. On September 19, 2025, they filed a joint motion to abate the appeal, citing a settlement agreement, and the appellate court temporarily removed the case from its active docket.⁵ On October 24, 2025, they jointly asked the court to vacate the trial court’s judgment “without regard to the merits” and remand for entry of a judgment consistent with their settlement.⁸

On October 30, 2025, the Fourteenth Court of Appeals granted the motion and vacated the June 26, 2025 final judgment. The trial court entered a dismissal order the next day. The case is closed. The settlement amount has not been publicly disclosed.⁴¹

One piece of context matters for understanding the gap between the headline number and whatever TNT actually paid. Texas law caps punitive damages in most cases at the greater of $200,000 or a formula tied to the economic and noneconomic damages awarded, with an exception when the underlying conduct constitutes a felony. Had the appeal gone forward, the $480 million punitive award would almost certainly have been challenged under those statutory limits.

The EEOC Racial Harassment Case

Separate from the Loree matter, TNT Crane faced a federal civil rights suit brought by the U.S. Equal Employment Opportunity Commission. The EEOC filed on August 24, 2023, in the U.S. District Court for the Northern District of Texas, Fort Worth Division. The complaint alleged that four Black employees were subjected to a racially hostile work environment that included nooses, white supremacy symbols, and racial slurs, and that a white employee who reported the conduct faced retaliation through reduced hours, lower pay, and constructive discharge.⁹

A federal court approved a consent decree on July 31, 2025. TNT agreed to pay $525,000 and to comply with a three-year set of requirements: a written anti-harassment and discrimination policy, retaliation prevention and complaint procedures, non-discrimination training for all employees, and training for investigators on handling harassment complaints. The company must also report all future complaints of racial harassment, discrimination, or related retaliation to the EEOC for the life of the decree.¹⁰

OSHA Citations the Fifth Circuit Upheld

TNT Crane’s safety record has been tested twice in the Fifth Circuit Court of Appeals, and the company lost both times.

Georgetown Electrocution

On May 15, 2016, in Georgetown, Texas, a TNT crew was disassembling a 275-ton mobile crane when the hoist line contacted an energized 14,400-volt power line. Worker Joseph Larison received a severe electric shock and was hospitalized with serious burns.¹¹ OSHA issued two serious violations of the Cranes and Derricks in Construction Standard, with a proposed penalty of $24,942.¹²

TNT contested, and the case bounced between an administrative law judge and the Occupational Safety and Health Review Commission for years. On July 19, 2023, the Fifth Circuit denied TNT’s petition for review. The court held that “disassembly” in the safety standard unambiguously covers all steps in the process, including lowering the boom. It also found TNT had no specific work rules on power line safety during disassembly, insufficient evidence of monitoring at remote sites, and no history of disciplining workers for power line safety violations.¹²

Corpus Christi Tip-Over

On March 23, 2017, a TNT crane operator was setting up to replace AC units on a Walmart roof in Corpus Christi when outrigger pads were not placed under the outrigger shoes. One shoe sat directly on a sidewalk, the underlying soil gave way, and the shoe punched through the concrete. The crane tipped backward roughly 30 to 45 degrees, and the 41-year-old operator was struck in the head while trying to exit the cab.¹³

OSHA issued a serious violation of the Ground Conditions Standard, with a $12,675 penalty. The Fifth Circuit denied TNT’s petition on August 4, 2020. The court noted that TNT’s own internal crane procedures contained contradictory language about whether supporting materials were required under outriggers, which the company’s own safety executive called “poorly written.”¹⁴

Who TNT Crane & Rigging Is

TNT Crane & Rigging was founded in 1985 in Houston, Texas, with a single 18-ton crane. By the mid-2020s, the company operated more than 750 cranes across over 45 branches in the United States and Western Canada, with roughly 1,750 employees and more than 4,000 customers. It provides crane rental, specialized rigging, machinery moving, and engineering services to commercial, industrial, and infrastructure clients, and it operates through regional brands including Southway Crane & Rigging, RMS Cranes, and Eagle West Crane & Rigging. The company promotes an “Incident and Injury-Free” workplace culture and requires its operators to hold NCCCO and NCCER certifications.¹⁵

1
ForensisGroup. Texas Crane Accident Wrongful Death: The Estate of David Loree v. TNT Crane and Rigging Inc
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Mesquite News. Injuries Reported at College of Business and Library Construction Site
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Expert Institute. Latest Wrongful Death Payouts
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UniCourt. Loree, Milena vs. TNT Crane & Rigging Inc
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CaseMine. TNT Crane & Rigging, Inc. v. Loree
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PR Newswire. Tony Buzbee and The Buzbee Law Firm Secure $640 Million for Houston Family
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Law.com Texas Lawyer. Buzbee Wins Historic $640 Million Wrongful Death Verdict
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Leagle. TNT Crane & Rigging, Inc. v. Loree, No. 14-25-00776-CV
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EEOC. EEOC Sues TNT Crane & Rigging for Race Discrimination, Harassment and Retaliation
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EEOC. TNT Crane & Rigging to Pay $525,000 in EEOC Racial Harassment and Retaliation Suit
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Bloomberg Law. Crane Company Responsible for Worker Electric Shock, Panel Says
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U.S. Court of Appeals for the Fifth Circuit. TNT Crane & Rigging, Inc. v. OSHRC, No. 22-60399
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OSHA. Accident Summary Nr: 94174.015
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FindLaw. TNT Crane & Rigging, Inc. v. OSHRC, No. 19-60745
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TNT Crane & Rigging. About TNT Crane & Rigging