(Bowie County, TX) (May 4, 2026) — A Texas jury returned a defense verdict for WSHB’s client, rejecting all claims, following a highly contested trial. Notably, this case has an intense amount of media exposure which prompted heated discussions about elderly drivers, bollard installations and liability issues emanating from both.
The case arose from an incident in which an elderly driver drove her vehicle through the wall of a hearing aid center leased by WSHB’s client. The plaintiff, an elderly man inside the business at the time, was struck and injured, alleging damages for neck, back, and hand injuries.
Plaintiff’s theory sought to impose liability on the property owner for failing to install bollards in front of the building to prevent vehicle intrusion. During trial, plaintiff presented extensive photographic evidence of nearby businesses with bollards and offered expert testimony from a purported “bollard expert.” Plaintiff requested $3.655 million in damages and urged the jury to assign a majority of fault, 55%, to WSHB’s client the property owner, along with a claim for gross negligence.
WSHB trial partners Chris Brown and Christy Atwood advanced a focused defense grounded in reasonableness and industry standards. The defense emphasized that no law, ordinance, code, or regulation required the installation of bollards at the property, and that the client, an experienced property owner, had never experienced a similar incident in more than 25 years of ownership across the portfolio of owned commercial properties.
After less than one hour of deliberation, the jury returned a defense verdict in favor of WSHB’s client, assigning 100% of the liability to the driver. A focused and detailed approach to the damages alleged markedly reduced the amount of claimed damages, and ultimately, the jury awarded the plaintiff $200,000 tagging the elderly driver for this sum. Notably, this ultimate award is substantially below the amount sought. Importantly, the jury ejected all claims against WSHB’s client, including gross negligence.
“This was a case about expanding premises liability beyond any recognized legal or regulatory standard,” said WSHB trial attorney Chris Brown. “We stayed disciplined in focusing on what the law actually requires, and just as importantly, what it does not. The jury clearly understood that our client acted reasonably and should not be held responsible for an unforeseeable event caused by a third party.”
WSHB trial partner Christy Atwood added, “Plaintiff’s case relied heavily on hindsight and visual comparisons rather than objective standards. Through cross-examination and careful presentation of the facts, we were able to demonstrate that there was no duty to install bollards under the circumstances. The speed of the verdict speaks volumes about how the jury evaluated that argument.”
Both Brown and Atwood are integral members of WSHB’s Eleventh Hour Trial Team - a nationally deployed, elite cadre of trial lawyers known for stepping into high-stakes matters on the eve of trial and driving them to verdict. Brown serves as managing partner of the firm’s Tennessee office, and Atwood leads the Dallas office, underscoring the firm’s deep bench of leadership and successful trial partners across key jurisdictions. What distinguishes WSHB is its seamless national collaboration: a unified team of seasoned trial lawyers who can be mobilized instantly, parachute into any venue, and leverage refined, battle-tested skill sets to connect with juries and deliver winning results.
In addition to sparking a national conversation on the duties of building owners, and the broader issue of when does a person become too old to drive, this case had far-reaching result. This result reinforces WSHB’s strength in defending complex premises liability and catastrophic injury cases, particularly those involving novel liability theories and high exposure.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
