Defense Success: Hermes Sargent Bates' Attorneys Defend Food Service Distributor Against Personal Injury Claim

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David Sargent, Mike Hurst, and Kyle Shortall successfully represented one of the largest foodservice distributors in the country in a personal injury lawsuit. At the jury trial in Upshur County, Texas, Plaintiffs requested that the jury award $4.5 million. Defense requested that the jury award $ 350,000. On Aug. 16, 2005, the jury awarded $320,000.

Hermes Sargent Bates' attorneys David Sargent, Mike Hurst, and Kyle Shortall successfully represented one of the largest foodservice distributors in the country in a personal injury lawsuit, which proceeded to a jury trial in Upshur County, Texas on Aug. 16, 2005.

The Plaintiff was involved in a collision with the personal vehicle of an employee while that employee was in the course and scope of her employment. Plaintiff sued alleging Defendant and her employer were both negligent in that she failed to yield the right of way to Plaintiff. Defendants stipulated to liability and course and scope, so the only question to the jury was that of damages.

Following the accident, Plaintiff underwent an exhaustive array of medical treatment including numerous diagnostic tests and surgery to her cervical spine. In addition, she was under the care of a Pain Management Specialist who was recommending heavy use of narcotics and/or further surgery. Plaintiff testified that she had sustained permanent and disabling injuries that rendered her unable to work, care for her children and provide spousal support. Therefore, Plaintiff was making claims for loss of past and future wages, past and future medical expenses, past and future pain and suffering and mental anguish, as well as past and future physical impairment and disfigurement. Furthermore, Plaintiff's husband and two children pursued claims for loss of consortium.

Following a three-day trial, Plaintiffs requested that the jury award $4.5 million. Defense requested that the jury award $350,000. After a short time of deliberation, the jury returned a verdict in favor of the Plaintiffs, but found that the Plaintiff’s injuries were not serious, permanent and disabling, and thus awarded only $320,000.

KATHY GANI, GREG F. GANI, AS NEXT FRIEND OF GREGORY B. GANI AND GREG F. GANI, INDIVIDUALLY v. KELLY JEAN BICKERTON AND PERFORMANCE FOOD GROUP – LITTLE ROCK A/K/A QUALITY FOODS, INC

For additional information on the case, please contact David Sargent at 214-749-6569 or Kyle Shortall at 214-749-6532. To learn more about Hermes Sargent Bates, please visit our website: http://www.hsblaw.com.

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Lauren Laughead
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