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Defense Verdict in Serious Brain Injury Case
In Murphree, et. al v. Site Concrete, et. al, the final live pleading of the lawsuit asserts that the Site Concrete Defendants, as the general contractor, was responsible for a duty to exercise ordinary care in the operation and maintenance to the construction zone (Highway 380 Widening Project) in question. Plaintiffs generally alleged the duties to provide for the safe passage of traffic, the safe ingress and egress of traffic, proper implementation of reasonable and appropriate traffic control devices, and timely completion of the project were violated by these Defendants. The pleadings asserted that at the time of the collision, Site Concrete breached these duties by failing to be in compliance with contract documents regarding the timing of phases relating to the underlying construction contract as well as compliance with the relevant traffic control plan. The scope of these allegations generally allege that the combined course of action and non-compliance led to the existence of an uncontrolled intersection at Highway 380 and County Road 1110 on August 17, 2007, with no barricades, no STOP signs, and what was alleged to be improper traffic control devices.
Plaintiffs also alleged that Betty Monroe breached her duty to exercise ordinary care in the operation of her vehicle on public roadways, including but not limited to the duty to keep proper lookout; the allegations against Monroe, however, were extremely brief. Plaintiffs' pleadings made no mention of her breach of duty in complying with traffic control warning signage, road closure signage, rate of speed, or high level of intoxication at the time of the collision. It was determined after the accident that Betty Monroe had a 0.36 blood alcohol content at the time of the blood draw. Despite these facts, the Plaintiffs' focus was instead upon Site Concrete as the prime contractor, and Austin Bridge & Road, L.P., one of the subcontractors that had worked on the Highway 380 project.
Plaintiffs' asserted that the Austin Bridge Defendants had a duty to exercise ordinary care with respect to the responsibilities retained and undertaken pursuant to its role as a sub-contractor for the project in question. Plaintiffs' asserted that under the terms of its contract with Defendant Site Concrete, Austin retained responsibility to ensure that traffic control devices in place complied with the traffic control plan during the performance of its work, and indeed continuing after completing its work. It is undisputed that Defendant Austin performed certain work at or near the intersection of County Road 1110 and U.S. Highway 380 prior to August 17, 2007. Plaintiffs therefore alleged that Austin held a continuing duty to ensure traffic control devices in place at the conclusion of its work complied with the traffic control plan. Plaintiffs generally allege that Austin breached a duty to the traveling public in not ensuring traffic control devices were in place that were reasonable, proper and in compliance with the traffic control plan. Plaintiffs further asserted that Austin was negligent in not ensuring the safety of the traveling public by placing or otherwise requiring a continuing traffic control plan after the conclusion of its work. To the extent necessary, Plaintiffs invoked the Doctrine of Voluntary Undertaking as set forth in the Restatement (Second) of Torts ¤ 323. Plaintiffs further alleged that Austin "contractually retained responsibility for ensuring that traffic control devices complied with the traffic control plan and/or the MUTCD." Plaintiffs further alleged that Defendant Site Concrete and Defendant Austin Bridge should be held jointly liable under the doctrine of joint enterprise.
The Texas Department of Transportation was originally added as a Responsible Third Party pursuant to Motions for Leave filed by both Site Concrete and Austin Bridge. Plaintiffs then filed suit directly against the governmental agency. However, after multiple dispositive motions filed by TxDOT, the Plaintiffs dismissed the claims against TxDOT with prejudice, and requested that the Court grant summary judgment as to the responsible third party claims asserted by the Defendants. The Court denied Plaintiffs' request.
Plaintiffs alleged that a collective result of the occurrence in question is that Jackie Murphree sustained severe, permanent and disabling injuries, inclusive of a severe brain injury that would result in extensive care for the remainder of her life. The final pleadings upon which the case went to trial included a specific pleading for approximately $66,000,000.00 from the fact-finder at the time of trial. According to the expert testimony prior to and at the time of trial, the life care plan alone totaled in excess of $12,000,000.00.
The defense of Austin Bride & Road, L.P. was the cooperative effort of trial counsel Thomas Fee (Fee, Smith, Sharp & Vitullo, L.L.P.) and Ed Wright (Stradley & Wright), and appellate counsel, Rebecca Bell (Fee, Smith, Sharp & Vitullo, L.L.P.). After a two-week trial, the jury brought back a verdict in favor of the Plaintiff in an amount that totaled approximately $23,500,000.00. The jury determined that Defendant Monroe was 70% responsible for the accident. The jury also determined that Site Concrete and the Texas Department of Transportation each held 15% liability. The jury found in favor of Austin Bridge & Road, answering "NO" to the initial liability question as to its alleged negligence.
For media coverage of the accident and trial, feel free to visit the following additional links/websites:
Murphree civil trial begins
Jury awards $23.5 million to Murphree
Jury: TxDOT and contractor also share blame for DWI tragedy
Recent Trial
The attorneys you chose to represent me did an excellent job. I don't know if this was a hard case or an easy case since this was the only time I have been involved in this type of action. Easy or hard Mr. Fee and Mr. Garner met the challenge with what appeared to be very little effort. Read more.
Rising Stars
FSSV wish to congratulate Brian D. Garner, Rebecca Bell and Scott W. Self of their selection as Texas Rising Stars by Texas Monthly Magazine. Rising Stars names the state's top up-and-coming attorneys. Rising Stars is published in 48 states and reaches more than 10 million readers annually.
Tom Fee has been selected in Texas Super Lawyers magazine from 2005-2009
FSSV wish to congratulate Thomas W. Fee and Steve Springer of their selection as Texas Super Lawyers by Texas Monthly Magazine. Super Lawyers identifies the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics. Tom Fee is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Head of the Class
A Letter of Appreciation
Mr. Self,
It was a pleasure to have you come and share about the judicial system and your profession with my class. It was obvious that you care a great deal for children based on your demeanor with the students. My students were able to verbalize lots of the things that they had learned about the legal system and the field of law from your visit. It is my hope that your visit helped to spark a fire in my students to dream big and to work towards their goals.
Thanks for caring about the students in DallasISD and for putting that caring concern into action.
Sincerely,
Janie R.Rogers
6th Grade Social Studies
E.H.Cary Middle School
Rising Stars
FSSV wish to congratulate Clinton V. Cox, IV, Scott W. Self, Brian D. Garner and Rebecca Bell of their selection as Texas Rising Stars by Texas Monthly Magazine. Rising Stars names the state's top up-and-coming attorneys. Rising Stars is published in 48 states and reaches more than 10 million readers annually.
Super Lawyers and Rising Stars
FSSV wish to congratulate Thomas W. Fee and Michael P. Sharp of their selection as Texas Super Lawyers by Texas Monthly Magazine And Scott W. Self, Brian D. Garner and Clinton V. Cox, IV of their selection as Texas Rising Stars by Texas Monthly Magazine Super Lawyers identifies the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys. Super Lawyers is published in 48 states and reaches more than 10 million readers annually.
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