$2.5 million verdict and judgment • On the Job • Death
Jim Lewis and his partners obtained a $2.5 million judgment for their clients against the employer of a road-side worker (Mr. Ung) when he was killed, on-the-job, when a trailer detached from a truck, rolled back, and killed him. Plaintiff’s counsel claimed that the Defendant was guilty of gross neglect for its failure to provide the proper signs, buffer trucks, flag-men, and other minimum, required safety precautions, especially since the Defendant company, and its supervisors, had witnessed a very similar accident occur at the same site within the previous year. The jury agreed, awarding $2.5 million in punitive damages. As lead counsel on appeal, James Lewis won the Court of Appeal, affirming the judgment. However, the Texas Supreme Court thereafter determined that there was “no evidence” of gross negligence under the new “clarified” standard. As a result, there was no recovery for the clients from this Defendant, and the verdict of the jury; however, Mr. Lewis, Mr. Glover, and Mr. Miller previously recovered a $1.1 million settlement from other Defendants for the benefit of the clients.