Successful Defense in $5.4M Lawsuit ◦ Insurance
February 12, 2014
On February 5, 2014, Bill Chamblee, Doug Lewis, Greg Brenner and Jason Gregory obtained a favorable defense verdict in a negligence action stemming from an automotive accident.
Plaintiff alleged that Defendant, operating a Ford F-150 for her employer, consciously disregarded a red light, accelerating through an intersection and hitting Plaintiff’s car. As a result of the accident, Plaintiff alleged she suffered from permanent debilitating injuries to her spine resulting in the need for surgery. Plaintiff further claimed she suffered from mental anguish, disfigurement and pain and suffering stemming from the surgery. Plaintiff further claimed that because Defendant consciously disregarded the red light punitive damages should be awarded against Defendant and her employer. Plaintiff’s pre-trial settlement demand was $1,000,000, which never waivered.
At trial, Bill Chamblee, Doug Lewis and Jason Gregory defended the driver and the company who owned the truck driven by Defendant. On the third day of trial, Plaintiff submitted a new settlement demand of $1,500,000. After this demand was rejected, Plaintiff demanded the jury award compensatory damages totaling in excess of $5,400,000 during their closing argument.
After six days of trial, including extensive expert and fact witness testimony, Bill Chamblee and Doug Lewis were able to demonstrate to the Dallas County jury that Plaintiff’s injury was not the result of the accident but rather was a pre-existing condition that would have required surgery in the future. The jury returned a verdict of only $27,000 for medical expenses and pain and suffering by Plaintiff and found there was no basis for an award of punitive damages against the truck driver or her employer.