Jury Returns Verdict of $52,650 Against Plaintiff Demand of $5 Million
Feb 24, 2023
Houston attorneys Bill Book, David Burns, and Tom Machisak had a recent trial win when the jury returned a verdict of only $52,650 against a Plaintiff’s demand of $5 million.
The Thompson Coe trial team represented Cemex and a former driver, Adrian Miller, in a lawsuit arising from a motor vehicle accident that occurred in December 2017. This was a case of clear liability against Miller who rear-ended the Plaintiff’s vehicle. Plaintiff underwent a back surgery, neck surgery, and claimed a traumatic brain injury. The case was tried to verdict over the course of two weeks.
The client and our trial team never disputed liability, but took issue with the Plaintiff’s characterization of the subject accident being a “major accident” or that any negligence or gross negligence existed on behalf of Cemex. Plaintiff argued that Cemex failed to provide adequate training to a newly licensed commercial driver and contended that this, as well as alleged failures to abide by company policies, constituted gross negligence. Our legal team established that adequate training existed and the driver involved was fully qualified to operate the cement mixer truck on the date of the subject accident to overcome these fear-based, emotional arguments.
Regarding damages, the Thompson Coe trial team focused on the attorney-driven medical care the Plaintiff received, which substantially increases costs of medical services far beyond the established rates by health insurance plans. This medical care included treatment that our trial team contended was not necessary and that multiple medical bills were inflated beyond the normal contracted rates. Defendants utilized various experts to question the causation of the Plaintiff’s alleged injuries.
Combating attorney-driven healthcare treatment starts with thorough claims management and a great trial team. Our trial team at Thompson Coe has the experience and acumen to fight these controversial plaintiff’s counsel strategies with success. These inflated medical bills not only damage the claims process, but they also lead to excessive treatment and dangerously invasive procedures for Plaintiffs.