Thompson Coe Trial Team Responds to “Reptile Theory” With String of Favorable Verdicts

SUMMARY OF TRIALS

WILEY V. N&B WELL SERVICES

November 30, 2018 – Midland, Midland County, Texas

Trial Team: Andrew McCluggage

Plaintiff was rear-ended by a commercial tractor-trailer at highway speeds due to distracted driving. The speed of the impact was disputed, but the driver inattention was not. The defendant driver admitted that he became distracted after his breakfast burrito caught fire in his cab as he was cooking it using a makeshift oven.  Post-accident DOT testing yielded a positive finding for marijuana. The driver was immediately terminated by the motor carrier.

Plaintiff claimed a need for a future 3-level cervical fusion, the medical necessity of which was not disputed by the defense doctor. The driver also claimed that, due to his age, his career would be over if the surgery was conducted.

Economic Damages Alleged: $35,000 in past medical, $110,000 in future medical, $10,000 in past wages, $550,000 in future lost earning capacity.

Pretrial Demand:  Policy limits with accompanying Stowers Demand.

Demand at Trial:  $1.3M

Jury Award:  $130,000

Note:  TCCI substituted into the case after discovery had ended, taking over the defense from a local law firm to try the case.

DUONG V. DEA TRANSPORTS

January 18, 2019 – Houston, Harris County, Texas

Trial Team: Stephanie Krueger

Plaintiff was rear-ended by a commercial tractor-trailer and pushed into a van in front of her due to the rear impact. The vehicle was a total loss, as it sustained significant rear and forward crush damage with airbag deployment. The CMV was later declared out-of-service due to more than 20% of the brakes being out of adjustment and/or lacking suitable contact with friction materials to the brake drums. Due to the condition of the brakes, the court submitted a punitive damage question to the jury.

Plaintiff claimed a need for a future 360 degree 3-level lumbar fusion and a 2-level cervical fusion.  The defense doctor disputed the future surgical needs but conceded MRI anomalies present at all levels.

Economic Damages Alleged:  $150,447 in past medical, $474,330 in future medical.

Pretrial Demand:  Policy limits with accompanying Stowers Demand.

Demand at Trial:  $3M compensatory and $200k punitive

Jury Award:  $257,000

HARPER V. C&S CRANE AND RIGGING

February 8, 2019 – Odessa, Ector County, Texas

Trial Team: Stephanie Krueger

Plaintiffs were a family of four who were rear-ended by an oilfield services truck on their way home from Easter brunch. Plaintiffs’ vehicle was a total loss. The defendant driver admitted that he was distracted by his cell phone and failed to look at the road in front of him for up to one minute.

Plaintiff passenger was the most heavily injured and endured several rounds of ESIs and had surgical recommendations for lumbar and cervical fusions. The thoracic spine was also injured and unsuccessfully treated with radio frequency ablation. The defense doctor testified that the cervical and lumbar interventions would not be necessary due to the plaintiffs age, but conceded anomalies exist on MRI. Specifically, regarding the thoracic spine, the defense doctor testified that the anomalies were “the biggest he has ever seen,” and that “he intends to use the films to teach medical school students about the obliteration of the disc space” and that “it is surprising that Plaintiff can even walk.”

Plaintiff earned $24/hour at a cement plant and was 27 years old at the time of trial. He has not yet been released for work by his doctors and was only given a sedentary duty classification following a TSA at the Texas Workforce Commission.

Economic damages alleged:  $170,452 in past medical, $249,000 in future medical, lost wages exceeding $900,000.

Pretrial Demand:  Policy limits with accompanying Stowers Demand.

Demand at Trial:  $1.74M

Jury Award:  $400,000

Note:  TCCI substituted into the case after discovery had ended, taking over the defense from a local law firm to try the case.