Mayer Secures Trucking Defense Verdict In Case Of Stipulated Liability
Mayer, LLP is pleased to announce a favorable jury verdict in a South Texas trucking case brought by the Thomas J. Henry law firm. The case involved claims for personal injury including lumbar fusion and rotator cuff surgeries. Plaintiff, a 37 yr. old oil field worker, alleged lifetime loss of earning capacity. He averaged approximately $100K per year in wages before the accident.
Our clients, 1845 Oil Field Services and the truck driver, were represented at trial by attorneys Ryan Hand and Elizabeth Carey. After winning summary judgment and defeating the Plaintiff’s gross negligence claim, the defense strategically stipulated to liability. The case proceeded to trial on causation and damages. Key aspects of the defense focused on the bias of Plaintiff’s treating doctors and the retained experts based on extensive relationships with the Thomas J. Henry law firm. Plaintiff’s medical financing and letters of protection were central to the defense and further evidenced the bias of the treating doctors.
Plaintiff’s damage model included almost $300K in past medical expenses, $150K in future surgical costs, $1.9M in loss of earning capacity, up to $4M in pain and suffering, and up to $4M in physical impairment. Plaintiff’s counsel asked the jury to award damages over $10M.
Ryan and Elizabeth and the Mayer trial team successfully challenged Plaintiff’s injuries and damages, including whether the surgeries were medically necessary. As requested during closing argument by the defense, the jury awarded only $88,500 for reasonable and necessary past medical expenses, pain and suffering, and three months of lost wages. No future damages were awarded. Defendants’ retained experts were successful in showing the medical care and billing was excessive, unnecessary and unreasonable.
Mayer is grateful to its clients and their insurance carrier, Protective Insurance, who invested significantly in the defense of the case and trusted them to go the distance on a potentially dangerous, high exposure case, against difficult opposing counsel.