Verdict of the day. A $13.8 million dollar natural gas explosion verdict from Jackson, MS. Plaintiff suffered catastrophic burns. Interestingly the plaintiff was represented by Chris McDaniel (and his law firm) who just might get elected to the Mississippi Senate as a TEA Party favorite. The full verdict report . . . Construction Negligence - The plaintiff suffered catastrophic burn injuries when just installed water line encroached a natural gas line – the jury in this case awarded nearly $9.8 million in medicals and lost wages plus $2,000,000 each for his suffering and his wife’s loss of consortium – while no judgment has yet been entered, the parties are expected to litigate how tort reform caps will be applied (if at all) to the case Moser v. Hemphill Construction, 10-1082 Plaintiff: Eugene M. Harlow and Norman G. Hortman, Jr., Hartman Harlow Bassi Robinson & McDaniel, Laurel Defense: Kyle V. Miller, Adam J. Spicer and Joshua J. Wiener, Butler Snow, Ridgeland Verdict: $13,800,000 for plaintiff assessed 50% to the defendant Court: Hinds Judge: Winston Kidd Date: 5-16-14 Hemphill Construction had a contract with the City of Jackson to install water lines. It did so in the Fall of 2008 near the home on Branch Street of James Moser. Soon after on Christmas Eve there was evidence that Moser, age 38 and a self-employed laborer, smelled natural gas. He lit a cigarette. Leaking natural gas caused a significant explosion. The explosion left Moser with catastrophic burns. He has since endured more than 20 surgeries as well as suffering complications that included a ruptured colon and sepsis. Beyond his physical injuries Moser has also complained of post-traumatic stress. His incurred medical bills were nearly $6,000,000. There was proof that his future medical and lost wages will be $3.8 million. In this lawsuit Moser (and his wife Natalie presenting a consortium claim) targeted two defendants. They were Atmos Energy which had installed the gas lines. There was an allegation that the gas line was not properly restrained and when the water line migrated and impinged it, a leak developed. Atmos entered a confidential settlement on the eve of trial. Its duties remained in issue for trial. The sole defendant at trial would be Hemphill. Moser alleged that the water line was negligently installed, it being too close to the gas line. This caused the gas line to leak, that leakage migrating under the Moser home and causing the explosion. Moser had also targeted a third tortfeasor, Dresser Industries. He pursued Dresser, which manufactured a purportedly failed pipe coupling, in a separate Texas lawsuit. That suit settled too. Dresser’s duties were an issue for purposes of apportionment. A key expert on liability for Moser was Lee Swanger, Mechanical Failure, Miami, FL and John Thomas Bryant, Engineer, Carrollton, TX. His life care plan was developed by Dr. Howard Katz, Physical Medicine, Jackson and Shelene Giles, Life Care Plan Hendersonville, SC. Moser’s economist was James Koerber, Hattiesburg. The plaintiff had sought to present a case for punitive damages to the jury – Judge Kidd did not allow it to go forward. Hemphill defended the case that its installation of the water line was proper. It blamed the separation and the natural gas leak on soil movement. In this regard the defense blamed Atmos for not securing it and Dresser regarding the failed coupling. The plaintiff’s care (and that of his father) were also implicated regarding lighting a cigarette when they suspected a natural gas leak. The defense also discussed damages and conceded that in spite of the serious injury, Moser had made a significant recovery. Defense experts included Philip Sher, Pipeline Consultant, Cherwood, MA, Richard Hoffman, Engineer (Metallurgy) and Bruce Brawner, Economist, The jury’s verdict was mixed on fault. It found against both Hemphill and the non-party Atmos. Fault was assessed equally between the two. The jury rejected the imposition of fault to the plaintiff, his father or the additional non-party from the Texas litigation, Dresser Industries. Then to damages Moser took $9.8 million exactly for medical bills, future medical bills and lost wages. Moser non-economic damages were $2,000,000. His wife took $2,000,000 for her consortium interest. The raw verdict totaled $13.8 million. At the time the record was reviewed, not only had a judgment not been entered, the jury verdict itself was not part of the record. The case will now turn to the question of what sort of judgment will be entered. There appear to be two possible judgments. Judge Kidd could enter a judgment for $5,900,000, representing half of the economic damages ($4.9 million) and $1,000,000 more for non-economic damages. This judgment would comport with a full application of Mississippi’s tort reform scheme. Alternatively the court could conclude that the damage award to each plaintiff were separate and not subject to the $1,000,000 tort limit. In that case the judgment would be $6.9 million, representing the economic damages and $1,000,000 for husband and wife each representing half of the consortium award with a reduction for comparative fault. In this instance a $1,000,000 cap would apply but be applied to each plaintiff. In this case there does not seem to be any imperative for Judge Kidd to rule striking the caps as unconstitutional. Why? Even if he did so, the award to the plaintiffs would still be $6.9 million, representing half of the entire award for $13.8 million. Whatever the judgment and whenever it might be entered, the plaintiffs have since the trial moved to exhaust an attorney lien filed in the case (for $40.346) by attorneys Robert A. Crawford and James N. Nobles, Jr. The pending motion is complete with an affidavit from the plaintiff himself explaining that he while he considered hiring those lawyers . . . he never did and nothing is owed.
Posted on: Wed, 25 Jun 2014 01:08:35 +0000
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