Texas Jury Issues Verdict in Civil Action Trial Proceeding

A civil case involving a plaintiff, who also acted as next friend for a second individual, and a defendant concluded in Texas on April 30, 2015. Few details were available regarding the specific incident that led to the lawsuit, the legal claims presented by either side, or the ultimate resolution of the dispute.

In Dallas County, a plaintiff filed a lawsuit after experiencing neck and back injuries in a rear-end collision. The plaintiff alleged the defendant's negligence caused the incident and sought damages for physical pain, impairment, and medical expenses. Prior to trial, the parties engaged in mediation, but the case proceeded to a jury. During the trial, the plaintiff presented testimony from an orthopedic medical expert regarding the injuries sustained. The defendant did not present any expert testimony. The jury ultimately returned a unanimous verdict in favor of the plaintiff. The jury awarded total damages of $7,131. This amount included $1,000 for past physical pain and suffering, $2,000 for past physical impairment, and $4,131 for past medical care. The jury awarded no damages for future pain and suffering, future physical impairment, or past and future mental anguish.

A plaintiff filed a negligence lawsuit in Dallas County, Texas, alleging that on April 2, 2012, a defendant negligently operated a vehicle. The plaintiff claimed the defendant failed to yield while making a turn, causing a collision with the plaintiff's car. The plaintiff alleged injuries from the incident. The lawsuit was filed on April 1, 2014, in the District Court, 14th District Court, Dallas County, Texas. The parties later reached a settlement agreement on June 26, 2015. Under the terms, the plaintiff accepted $7,000 in full settlement of all claims. On July 9, 2015, the court entered an agreed order dismissing the case with prejudice based on the parties' joint motion.

A deli clerk filed a lawsuit after she slipped and fell at her workplace, a Kroger Signature Supermarket in Fort Worth, Texas, on August 23, 2011. The incident occurred behind the deli counter, an area that had been cleaned and mopped prior to her arrival. The plaintiff claimed she suffered a traumatic brain injury, anxiety, and depression after striking her head on the floor. She alleged that the supermarket's parent company, Kroger Texas LP, failed to provide a safe workplace by not properly training employees or having a policy to warn of wet floor conditions. The plaintiff's husband also sued for loss of services. The case was filed in United States District Court as Kroger Texas LP did not carry Texas workers' compensation. The plaintiff presented medical evidence of a concussion, scalp hematoma, and cervical neck sprain immediately following the fall, with subsequent diagnoses of a traumatic brain injury, impaired memory and attention, and chronic pain. Her expert neurologist testified that the injuries were causally related to the accident and would prevent her from working again. The plaintiff sought $2.6 million in damages for past and future pain and suffering, mental anguish, and economic losses, including over $300,000 for future medical care and over $500,000 for lost earnings and household services. The defense contended that routine cleaning procedures were followed, and the plaintiff, being aware of such maintenance, did not require additional warnings. The defendant argued that placing caution cones in the active deli area, which was considered a kitchen, would have created a greater tripping hazard for employees. The defense also asserted that all employees, including the plaintiff, were trained to be aware of their surroundings, and that the plaintiff was wearing required non-slip shoes and her workstation had a non-slip floor cover. Additionally, the defense claimed the plaintiff had pre-existing cervical and lumbar spine injuries from a 1998 motor vehicle accident, suggesting her medical experts had not fully reviewed her prior medical history. After an eight-day trial and one hour of deliberation, a jury returned an 8-0 verdict in favor of the defense. The jury found that Kroger Texas LP was not negligent in the plaintiff's injury, resulting in no award of damages.

A wrongful death lawsuit was filed in Texas following a motor vehicle accident on or about May 20, 2011. The incident resulted in the death of a passenger, who was traveling in a vehicle owned by a lumber company and operated by an individual associated with the company. The plaintiffs, representing the decedent's estate and his daughter, alleged the accident was a direct result of negligence by the lumber company, its owners and officers, and the vehicle operator. The lawsuit sought damages on behalf of the decedent's estate to cover funeral and burial expenses, as well as compensation for physical pain, disfigurement, impairment, and mental anguish the decedent allegedly experienced before his death. Separately, the decedent's daughter sought damages for past and future mental anguish, loss of society, love, companionship, and a decrease in her inheritance resulting from her father's untimely death. The plaintiffs also pursued exemplary and punitive damages, along with pre-judgment interest, under Texas law. The filing requested the court to compel the defendants to respond and aimed for a favorable judgment. Details on the case's resolution were not available.