By: Patrick Danner
Source: San Antonio Express-News (TNS)
Feb. 28—A jury has awarded $5.4 million to the family of John William Hayes, a San Antonio oil executive and philanthropist, who died in 2023 when his BMW sedan was struck by a dump truck carrying asphalt.
Amy Hayes, his widow, and their daughter, Hayden Hayes, filed a lawsuit against three entities: H.L. Zumwalt Construction Inc. of San Antonio, Oscar Steven Mendoza (operating as COM Transport), and MN Trucking LLC from Niederwald. They claimed that negligence on the part of these defendants contributed to Hayes’ fatal accident, which occurred at the intersection of Northwest Loop 1604 and the Interstate 10 access road.
Determining Responsibility
The jury deliberated for over four hours last Thursday and determined that Amy Hayes should receive $4.7 million while Hayden Hayes was awarded $700,000 to cover past and future losses, emotional distress, and loss of companionship.
However, the next phase of the trial may focus on who is financially responsible for these damages. The jury allocated percentages of fault for Hayes’ death, assigning 15% to Zumwalt and 30% to MN Trucking, despite finding them not negligent. COM Transport was deemed negligent and held 55% accountable, though it is no longer operational.
The Incident that Led to John Hayes’ Death
The accident occurred on January 17, 2023, when the dump truck driver, Jesus Alberto Delgado-Garcia, ran a red light, colliding with Hayes’ vehicle. The impact propelled both vehicles approximately 40 yards down the access road before Hayes’ car struck a concrete pillar. Sadly, Hayes passed away at the scene at the age of 63, while Delgado-Garcia, who was ejected from the overturned truck, tragically died later at the hospital. He was only 25.
John Hayes held the position of president at Activa Resources LLC, an oil and gas company operating in Texas, Louisiana, and Arkansas. He was also actively involved in community service, serving on various boards, including the San Antonio Area Foundation and the Somerset Education Foundation.
Family’s Pain and Legal Arguments
Amy Hayes expressed her outrage during her testimony, stating, “It is senseless what occurred here. Senseless. None of this should have happened.” She reflected on her struggle to suppress her anger following her husband’s death, questioning how the drivers involved were not properly vetted. Her attorney, Sylvan Lang Jr., argued for 75% responsibility to be attributed to Zumwalt for failing to adequately oversee subcontracted asphalt transportation.
In contrast, Floyd Hartley Jr., representing Zumwalt, contended that the fundamental responsibility lies with Delgado-Garcia himself, who was solely in control of the truck. Hartley argued that the plaintiffs did not hold Delgado-Garcia accountable for the crash, though the jury was not tasked with assigning fault to him.
