Naman Howell Litigation Defense Secures Favorable Verdict in Harris County Court
Despite an alleged TBI, lumbar surgery, past medical expenses of $900K, and a $5M lifecare plan, the jury awarded $1.4M after Plaintiff sought $10M from the jury.
THE CASE
Member Ryan T. Hand, Associate Justin Patton, and Of Counsel Jim Scott defended a national bus company with a Mexican driver that primarily transports passengers to and from Mexico. He spoke only basic English. The driver had a clean driving record and driver qualification file. The case was clear liability against the bus driver who changed lanes into Plaintiff and flipped the car on its side, trapping Plaintiff between the bus and a concrete retaining wall.
THE CHALLENGE
Plaintiff’s counsel was Kherkher Garcia, a highly successful personal injury law firm in Houston. Plaintiff was only 32 yrs. old with no history of neck or back pain. He was an intelligent, articulate and smooth witness with a supportive wife. The attractive couple sat together through the entire two-week trial. In voir dire, opening and closing, Plaintiff's counsel repeatedly said “full damages” would be up to $10M. Despite ardent Defense counsel objections, Plaintiff’s counsel was allowed to ask the jury pool if they could award $8-10M in mental anguish/pain and suffering damages.
While Defense counsel was allowed to rehabilitate jurors, Plaintiff's counsel was successful in striking over 10 jurors for cause on this issue alone. Plaintiff's counsel was only a few jurors away from busting the panel. Plaintiff's spine doctor was Dr. Nader, a Houston based neurosurgeon regularly used by plaintiff attorneys in South Texas. The Plaintiff also retained Dr. Purohit, an emerging Physician Life Care Planning group physical rehabilitation doctor described as a specialist in traumatic brain injury.
THE ALLEGED DAMAGES
Plaintiff incurred past medical expenses of approximately $900K for a double level lumbar ALFI fusion, a recommended cervical fusion and work up for an alleged traumatic brain injury. The lifecare plan was almost $5M after present value adjustments. Plaintiff dropped the past medical expenses right before trial but sought the lifecare plan in future meds and past/future pain and suffering, mental anguish, and impairment.
THE DEFENSE
Naman Howell’s experienced Transportation Litigation team thoroughly researched opposing counsel tactics and prepared for adversarial challenges from discovery through trial.
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Pre-Trial strategy included several pre-trial motions, including Rule 166 motions to dismiss Plaintiff’s claims for gross and direct negligence against the bus company. These pre-trial motions were denied, but Plaintiff dismissed these claims at the close of evidence after the Defense moved for directed verdict.
- Although these claims were dismissed, Plaintiff's counsel improperly argued reptile theories in closing over defense objections, which were largely granted with limiting instructions to the jury to disregard those improper arguments.
- A key defense witness in the case was Plaintiff’s supervisor who appeared live at trial to testify regarding Plaintiff’s lack of TBI symptoms, physical and mental impairments.
- The Defense showed Plaintiff was a scheduler/planner at a chemical plant with both administrative and physical duties.
- The Defense was not permitted to introduce evidence that Plaintiff's attorney referred him to treating doctors and was not permitted to show the numerous other clients of Plaintiff's counsel who were treated by Dr. Nader in the past.
THE VERDICT
- The jury awarded $400K in non-economic damages and $1M for the future lifecare plan.
- The wife was awarded $7,500 on a loss of consortium claim.
Plaintiff’s last demand before trial: $5M. The defense offered $350,000 and would have further negotiated but Plaintiff insisted the case would only settle for “millions.”
Final verdict award: $1,407,500
Congratulations to the Naman Howell Houston trial team on a successful trial outcome!
