After two days of trial, partner Rocky Feemster and associates Meg Johnson and Marc Tolliver obtained a favorable settlement on behalf of their client, a local sod delivery company, in an accident case arising out of a 2010 weather related rear-end collision. Plaintiff originally brought claims of negligence, gross negligence, negligent entrustment, and negligent hiring/retention, and claimed damages relating to abdominal surgery, and a claimed exacerbation of a previous traumatic brain injury. The Plaintiff had been involved in an earlier accident which had caused a TBI, and claimed that the subject accident, approximately 4 years later, worsened his memory and concentration problems. Additionally, he had an abdominal surgery for a cecal volvulus (strangulated bowel) approximately 9 weeks following the subject accident, and claimed a correlation between the two. Mediation had failed in March 2012, with the parties substantially apart in valuation.
The Dallas County jury heard testimony from the Plaintiff, company driver, investigating officer and Plaintiff’s treating surgeon. Defendant vigorously denied liability, causation and damages, and two days into a trial which was anticipated to last 2-3 weeks, Plaintiff lowered demands to an amount very near the pre-trial offer, and agreement was reached.