Kimberly Patrick, Individually and as Guardian of the Estate and Person of Ariel Anderson, an incapacitated person v. Weaver-Bailey Contractors, Inc.
Verdict or Settlement: $17 Million Jury Verdict
A Lonoke Jury awarded $17 million to a 23 year old Cabot woman left severely brain damaged after a collision in a construction zone. The jury’s verdict found Weaver-Bailey Contractors liable for not exercising reasonable care for the safety of travelers. Anderson was on her way home from work when she was struck by a dump truck pulling out of the construction zone near Jacksonville, Arkansas.
Pamela and Kenny Metheny as co-conservators of Cody Metheny v. ProAssurance
Verdict or Settlement: $20 Million Jury Verdict
Cody Metheny was 15 when he underwent surgery in an effort to end seizures that originated in the right side of his brain. The surgeon, Dr. Badih Adada, who performed surgeries at ACH but was employed by the University of Arkansas for Medical Sciences (UAMS), operated on the wrong side of the brain at first, the left side, and destroyed brain tissue in the process, according to documents released by the Court. After realizing his mistake, Dr. Adada proceeded to operate on the correct side of the brain.
After the surgery, Dr. Adada admitted to Metheny’s parents he had initially started the operation on the left side of the brain but said he had not harmed it, and had successfully removed the right-side lesion, according to Court documents.
Some 15 months after the surgery, the Methenys found out that tissue had wrongly been removed from the left side of the boy’s brain.
Paulette Washington, individually and as administratrix for the Estate of Johnny Washington v. Ford Motor Company
Verdict or Settlement: $7.125 Million Jury Verdict
At 6:45 PM on August 27, 2010 a Pine Bluff jury gave the Washington's a verdict against Ford Motor Company of $7,152,125 that includes 2.5 million in punitive damages.
Johnny Washington was killed in an accident on August 23, 2000 in Pine Bluff, Arkansas. He was driving a 1994 Ford Explorer down Linden Street at 10:45 A.M when a vehicle entered from a side street resulting in a minor accident (fender-bender). The Explorer went into a yaw (counter-clockwise spin) and instead of sliding out, rolled over two times landing upright. According to the investigating Police Officer, speed was not an issue. He worked for international paper for 16 years.
After 10 years of fighting Ford a jury found the Explorer to be a defective and unreasonably dangerous product. The trial went two weeks; often going late nights and early mornings. The judge was Honorable Berlin Jones. The explorer was alleged to be an uncrashworthy vehicle; rollover prone even at low speeds with defective glass that would not contain a driver if a rollover occurred. It was alleged Ford had knowledge of these defects before the Explorer was released to the market.
The Explorer rolled twice landing upright. During the roll, Johnny Washington who was belted was partially ejected from the vehicle suffering injuries that resulted in his death.
Anderson v. Dallas Airmotive
Verdict or Settlement: $2.9 Million Jury Verdict
A medical helicopter conducting an air lift of a patient fell 90 feet after take off due to a product failure. The pilot was able to negotiate a successful crash landing with no fatalities, but there were serious injuries. A suit found the company that had performed a maintenance overhaul on the helicopter was at fault and a judgment was awarded in favor of the plaintiff, Mr. Anderson.
Johnny Morris v. Union Pacific
Verdict or Settlement: $8 Million Jury Verdict
Johnny Morris was going about his normal duties when dispatched to clean wreckage at the local railroad crossing. This particular day a UP train had hit a dump truck. Johnny got his head caught in the train when the driver decided to move the train without warning in the middle of clean up. Johnny’s skull was crushed, and he was permanently and severely injured.
Consumer Class Actions
Barnett et al. v. General Motors
Verdict or Settlement: Confidential
A class action suit was filed on behalf of over 600 clients in Arkansas, Mississippi, and Tennessee for consumer fraud where tornado-damaged vehicles were shipped to dealers as new and sold as new.
Tappin v. Arkansas State Police Department
Verdict or Settlement: Confidential
For years, black state troopers in the Arkansas State Police Department faced various types of racial discrimination. Duncan Firm helped the troopers prove that the discrimination was indeed taking place, which led to numerous policy changes in the state police department.
Confidential v. Confidential
Verdict or Settlement: $5 Million
Shelton v. Little John Trucks, Inc.
Verdict or Settlement: $3.73 Million
An 18-wheeler was speeding through a construction zone, and the big truck ran into the rear of a stopped vehicle. That vehicle then collided into two other vehicles resulting in a multiple vehicle crash with multiple injuries, and multiple cases. Mr. Shelton was one of those injured victims and one of those cases. Duncan Firm was able to settle Mr. Shelton’s case in the amount of $3,732,321.13 without going to trial.