--- title: "Jury Finds Gross Negligence in Fatal Site Drowning" meta: "og:description": "Miami-Dade jury holds construction superintendent liable for the wrongful death of Varnel Johnson Jr. after a water truck overturned into a canal." "og:title": "Jury Finds Gross Negligence in Fatal Site Drowning" description: "Miami-Dade jury holds construction superintendent liable for the wrongful death of Varnel Johnson Jr. after a water truck overturned into a canal." --- January 27, 2026 # **Jury Finds Gross Negligence in Fatal Site Drowning** Miami-Dade jury holds construction superintendent liable for the wrongful death of Varnel Johnson Jr. after a water truck overturned into a canal. [**Wrongful Death**](https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning/jury-verdict/category/wrongful-death) [**Construction Law**](https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning/jury-verdict/category/construction-law) ### **Outline** Author ![](https://media.jurimatic.com/cdn-cgi/image/q=70/profile_images/shared_image_1.webp) **Sohini Chakraborty****Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.** ![Article Image](https://media.jurimatic.com/cdn-cgi/image/q=70/images/Felicia_Johnson1.webp) The tragic death of Varnel Johnson Jr. serves as a harrowing reminder of the stakes involved in heavy machinery operation and site management. In August 2021, Johnson was operating a Caterpillar 725 water truck on a path constricted by culvert pipes and unstable soil. The collapse of the canal shoulder led to his vehicle submerging, resulting in his death by drowning due to a lack of emergency escape features in the truck's cabin. In a landmark decision reached on January 14, 2026, a Miami-Dade jury bypassed standard worker's compensation immunity by finding that the project superintendent’s actions constituted gross negligence. The case highlighted "serious" OSHA violations, including the failure to maintain safe travel paths, and scrutinized Caterpillar's equipment design regarding submersion safety and center-of-gravity stability. ## **Case Background** On August 17, 2021, Varnel Johnson Jr. reported for work at the Big Cypress Indian Reservation, where he served as an employee for Ranger Construction Industries, Inc. Mr. Johnson had taken on the responsibility of operating a Caterpillar 725 water truck at a jobsite managed by project superintendent Robert Sumner. Earlier that day, workers had placed large culvert pipes parallel to a canal, significantly narrowing the only available driving path for heavy machinery. High winds began rocking the pipes, so crews placed piles of dirt to stabilize them, which further restricted the already tight passage. ### **Cause** The accident occurred when Mr. Johnson attempted to navigate the water truck through the narrow gap between the stabilized pipes and the canal. The truck, which measured nearly 10 feet wide, had to traverse a space that investigators later determined was also approximately 10 feet wide. As he drove past, the soft shoulder of the canal gave way under the weight of the heavy equipment. The truck tipped over, flipped upside down, and became fully submerged in the canal. ### **Injury** Varnel Johnson Jr. remained trapped inside the cab of the overturned truck. Because the vehicle lacked an emergency escape mechanism or air supply, and because he had not been issued a life jacket, Mr. Johnson drowned at the scene. ### **Damages Sought** Felicia Johnson, acting as the personal representative of her late husband's estate, filed a wrongful death lawsuit seeking more than $50,000 in damages. The claim sought compensation for the loss of Mr. Johnson's support and services, as well as the mental pain and suffering his widow endured. Additionally, the estate requested recovery for funeral expenses and the loss of prospective net accumulations. ## **Key Arguments and Proceedings** The legal proceedings centered on whether the Defendants' actions met the high threshold of gross negligence or intentional misconduct required to bypass standard worker's compensation immunity. ### **Legal Representation** **Plaintiff(s):** Felicia Johnson, as Personal Representative of the Estate of Varnel Johnson, Jr. - **Counsel for Plaintiff(s):** Roy D. Wasson | Jeffrey Allen - **Experts for Plaintiff(s):** [Allan Tencer](https://expertwitnessprofiler.com/expert-witness/Allan-Tencer/1510099) | [Benjamin Kidder](https://expertwitnessprofiler.com/expert-witness/Benjamin-Kidder/1571723) **Defendant(s):** Ranger Construction Industries, Inc | Robert Sumner | Caterpillar, Inc. - **Counsel for Defendant(s):** Benjamin S. Pahl | Jordan Goldfarb | Chantel Wonder | Deidre McGlinchey | Zoe E Nelson** |**David S. Weinstein - **Experts for Defendant**(s): [Andres Navarro](https://expertwitnessprofiler.com/expert-witness/Andres-Navarro/1571724) | [George Mayforth](https://expertwitnessprofiler.com/expert-witness/George-Mayforth/1525719) | [Gary R. Rogers](https://expertwitnessprofiler.com/expert-witness/Gary-Rogers/1571725) | [Brad Van De Veer](https://expertwitnessprofiler.com/expert-witness/Brad-Van%20De%20Veer/1571727) | [William Mizel](https://expertwitnessprofiler.com/expert-witness/William-Mizel/1523236) | [Jennifer L. Yaek](https://expertwitnessprofiler.com/expert-witness/Jennifer-Yaek/1531089) | [Thomas Garland](https://expertwitnessprofiler.com/expert-witness/Thomas-Garland/1571728) ## **Key Arguments or Remarks by Counsel** ### **Claims Against Ranger and Sumner** The Plaintiff argued that Ranger Construction and Robert Sumner had created a "virtually certain" death trap by forcing Mr. Johnson to drive heavy equipment on a path that was too narrow for the vehicle. Counsel highlighted that OSHA had already cited the company for "serious" violations, including the failure to maintain safe travel paths and the lack of warning signs near the canal. They contended that Mr. Sumner knew the pipes were dangerously close to the water but failed to correct the hazard, showing a conscious disregard for employee safety. ### **Claims Against Caterpillar** The lawsuit alleged that Caterpillar had designed and sold a defectively dangerous truck. The Plaintiff's counsel argued that the vehicle had an unreasonably high center of gravity and lacked critical safety features, such as sensors to warn of tipping or a sealed cabin to prevent water intrusion during a submersion. ### **Defense** The Defendants generally denied liability. While specific trial testimony details were limited in the filings, the defense strategy involved questioning the degree of negligence and whether the incident fell under the intentional tort exception to Florida's worker's compensation laws. ### **Jury Verdict** The jury reached its decision on January 14, 2026, after weighing the evidence against the Defendants. **Gross Negligence and Liability** The jury found that Robert Sumner was indeed guilty of gross negligence, which served as a legal cause of Varnel Johnson Jr.’s death. However, the jury also determined that Mr. Johnson bore a degree of negligence himself that contributed to the fatal accident. **Apportionment of Responsibility** When assigning percentages of fault, the jury divided the responsibility between the project superintendent and the deceased driver. This percentage serves to reduce the final total of damages awarded to the Plaintiff. **Damages Awarded** The jury calculated the total damages sustained by Felicia Johnson for her pain, suffering, and the loss of her husband’s companionship. While the specific dollar amount and fault percentages were filled out on the original form returned to the Court, the verdict confirmed that the legal system held the Defendant accountable for the safety failures that led to the tragedy. #### **Court Documents** [Complaint](https://exlitem.sharepoint.com/:b:/s/ContentMarketing/IQCfomt5Fmq0QqPHZ1n0MWm6AQpbvmKq-gxnR-pb2ouE2BQ?e=2OdC8x) [Jury Verdict](https://exlitem.sharepoint.com/:b:/s/ContentMarketing/IQDH3hhrLCxAQLq2VdlNq0TmAYWnHLAu_SXxvmcQEZzCzAg?e=RShm9U) [Share with Facebook](https://www.facebook.com/sharer/sharer.php?u=https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning) [Share with X](https://x.com/intent/post?url=https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning&text=x) [Share with LinkedIn](https://www.linkedin.com/sharing/share-offsite/?url=https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning) [Share with Email](https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning/mailto:?body=https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning&subject=email) [Share with WhatsApp](https://api.whatsapp.com/send?text=https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning%20whatsapp) ### **Find your next Expert Witness today** ![Sanjay Adhia](https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning/_ipx/q_80/user-default.svg) ###### **Sanjay Adhia** Forensic Psychiastry ![George Reis](https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning/_ipx/q_80/user-default.svg) ###### **George Reis** Forensic Imaging ![Maria Babinetz](https://exlitem.com/jury-verdict/jury-finds-gross-negligence-in-fatal-site-drowning/_ipx/q_80/user-default.svg) ###### **Maria Babinetz** Vocational Rehabilitation Find and retain experts without brokerage or upcharge. ### Looking for more? 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