Congratulations to DP&S partner, Kirk Pittard, along with a trial team that included Steve Laird, Seth McCloskey, Tim Brandenburg, and Pete Kestner, who, after a two-week trial, secured a $12.5 million settlement in an 18-wheeler-motorcycle collision case in Rockwall County. The collision occurred when the plaintiff, who was alleged to be going 60 m.p.h. in a 40 m.p.h. zone and attempting to time the green light as he entered the intersection, hit a Mercer 18-wheeler that had run a red light. The plaintiff, who survived the accident, is now blind and paralyzed. It was an all-hands-on-deck effort that led to the settlement just before closing argument.
Congratulations to David Harris, Craig Sico, and Louie Cook of Sico Hoelscher Harris LLP on a $40.5 million verdict in a wrongful death trucking case in Santa Fe County against Werner Enterprises. DP&S’s Justin Kaufman and Rosalind Bienvenu assisted on the trial team through the course of the 2-week trial. The jury found Werner, one of the largest trucking companies in the U.S., negligent for causing the death of Kathryn Armijo in a 2017 crash. The jury also found Werner liable for punitive damages.
According to evidence, Werner, through its own inadequate operations and training programs for its student drivers via Roadmaster Drivers School, had a systematic disregard for basic safety policies and training of new drivers. Werner, a company with more than $2 billion in annual gross revenue, each year hires approximately 4,500 new drivers with no prior truck driving experience. This is the second significant verdict against Werner Enterprises in the past 18 months. In May of 2018, Werner was hit with $89.6 million verdict by a civil jury for systematic safety and training failures in a multiple fatality case involving a student driver. You can read the verdict here.
DP&S partner, Kirk Pittard, recently wrote a law review article that has been published in the Summer 2019 edition of the Texas Tech Law Review concerning the recovery of medical expenses under Texas Civil Practice & Remedies Code § 41.0105 subsequent to the 2003 Tort Reform legislation. See Recovery of Medical Expenses Under Texas Civil Practice & Remedies Code § 41.0105 – The Paid or Incurred Statute, 51 Tex. Tech L. Rev. 731 (Summer 2019).
DP&S is proud to announce that, on September 30, 2019, Lana Beverly joined its Dallas office. Lana brings significant appellate and litigation experience, coming from a litigation boutique that specialized in catastrophic personal injury and wrongful death matters in addition to complex commercial litigation cases. Lana received her B.A., with distinction, from the University of North Carolina at Chapel Hill in 2006, and earned her J.D. from the University of North Carolina School of Law in 2010. Immediately after law school, Lana was selected to be a judicial clerk for the Honorable Tom Price of the Texas Court of Criminal Appeals. Lana has been recognized by Thomson Reuters in Texas Monthly as a “Texas Rising Star” in 2018 to 2019.