Partner Neely Fortinberry and associate Rebecca Malaney secured a favorable damages verdict following a two-day jury trial in Dallas County involving an alleged car wash malfunction. Although the jury assigned full responsibility for the incident to the firm's client, it awarded less than the amount recommended by the defense and a fraction of the $1.3 million to $1.6 million requested by plaintiff's counsel.
The plaintiff alleged that a malfunction caused his vehicle to be repeatedly pushed between two other vehicles inside the car wash. To support his malfunction theory, he relied on a maintenance log documenting conveyor belt issues on the date of the incident and several days earlier. The central dispute at trial, however, concerned the nature and extent of his claimed injuries and the compensation those injuries warranted.
The plaintiff initially advanced a $4.2 million life care plan, which he withdrew on the first day of trial. He nevertheless presented more than $800,000 in claimed past medical expenses and sought substantial additional damages.
"Our focus was on what the medical evidence supported and what constituted reasonable compensation," said Neely. "The plaintiff's substantial medical claims and damages request did not relieve him of the burden to prove those amounts were attributable to this incident."
The defense emphasized medical testimony that the incident could have caused a sprain or strain and urged the jury to award the cost of the emergency room visit, plus $5,000 for the associated pain and inconvenience. The jury returned an award below that recommendation.
"A finding of negligence does not resolve the separate question of damages," said Malaney. "We gave the jury a concrete recommendation grounded in the testimony, and the verdict reflects its careful consideration of the injuries and losses actually supported by the evidence."
The result underscores the importance of a focused damages defense, particularly when substantial medical claims and a seven-figure request threaten to overshadow the evidence concerning the injury itself.
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