Bill Chamblee and Weston Hall won a defense verdict in Walker v. K&L Auto Crushers & Thomas Gothard in Dallas County District Court. Mr. Walker alleged nearly $1.2 million in medical damages. All his medical was under letters of protection. Due to the excessive medical damages alleged, we sought discovery from Plaintiff’s medical providers regarding usual and customary reimbursements they have accepted from other similar patients.
Plaintiffs and providers objected to this discovery resulting in a mandamus proceeding before the Texas Supreme Court. The Walker court decision is the first of its kind in the state to allow discovery into LOP’s and the excessive abuse, if any, of these damage models. During the eight-day trial, the trial court allowed evidence concerning provider reimbursement rates and the letter of protection agreements into evidence for the jury to consider. This is likely the first case in Texas jurisprudence where this line of cross examination was ever allowed due in significant part to the Texas Supreme Court decision. Medical providers were required under cross to significantly cut their own billing based on the information we obtained as a result of the Texas Supreme Court’s ruling. Plaintiff still asked the jury for the medical damages that were several times what the same providers have accepted in the past. The jury not only failed to award Plaintiffs any money; a no negligence verdict was returned on the entirety of the case.
Chamblee Ryan, with the assistance of appellate attorney Wade Crosnoe with Thompson Coe, are proud to have led the fight against Plaintiffs’ abusive use of letters of protection in Texas trucking and personal injury cases to help change the law so juries in Texas can consider all the facts prior to awarding damages. If you would like more information on our efforts to defend transportation companies and businesses from plaintiffs’ attorneys’ efforts to inflate damages in these cases, please contact us!
Attorneys: William H. Chamblee; Weston L. Hall