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The following verdict summaries were reported in Texas Blue Sheet,a weekly publication of The National Law Journal’s Litigation Services Network and an affiliate of Texas Lawyer. Texas Blue Sheetreports the latest verdicts and settlements across the state. More verdicts can be seen at www.VerdictSearch.com. Chiropractor Not Liable As alleged, Mary Jan Windle suffered a herniated disc that she blamed on her chiropractor, Larry D. Jones, who had been adjusting Windle’s spine on and off for several years to treat her neck and low-back pain. Windle alleged that Jones performed the adjustment without ordering proper diagnostic studies, and that the adjustment caused the herniation. Jones denied any negligence, alleging that adjustments do not cause herniations. He further contended that the pre-adjustment diagnostic studies in question were unnecessary and would not have changed the course of treatment. An El Paso jury on Nov. 7 returned a defense verdict and found no negligence on Jones’ part. West Side Chiropractic Center, where Jones worked, was nonsuited at the beginning of the trial. Mary Jane Windle v. West Side Chiropractic Center and Larry D. Jones, D.C.,No. 2000-3586 (El Paso County Court at Law No. 7) Plaintiff’s attorneys: Victor F. Poulos and Michael Volk, Volk, Poulos & Coates, El Paso Defense attorney: Michele Quattlebaum, Preston & Cowan, Houston Damages for Rear-End Collision Plaintiff Helen Hardee, 78, alleged that her Cadillac was struck in the left rear quarter by a vehicle that was weaving and speeding on a three-lane road in Dallas. She alleged that the defendant, David Joseph Earls, was driving behind her in the center lane and that when she started to move to the left lane, so did he, speeding up and hitting her. Her car was totaled, costing about $9,000. Earls alleged that, though he had been weaving earlier, he was in the left lane at the time of the accident and that Hardee changed lanes in front of him and slammed on her brakes. Hardee suffered a dislocated shoulder and underwent about two weeks of physical therapy. She paid a neighbor to take care of her for about two months and claimed disfigurement from the ping-pong ball sized lump left on her shoulder. On Nov. 12, a Dallas County jury found Hardee 30 percent negligent and Earls 70 percent negligent and set damages of $38,500. Helen Hardee v. David Joseph Earls, No. 01-11456-D (Dallas County Court of Law No. 4) Plaintiff’s attorney: Mark S. Humphreys, Grand Prairie Defense attorney: Paige Anders Lewiecki, John W. Stilwell & Associates, Dallas $97,000 Settlement Emery Krout, 49, was injured in an accident with a tractor-trailer owned by Arnold Transportation at an intersection on I-635 in Dallas County. As alleged, the accident occurred when the driver of the truck, Thomas Payton, attempted a left turn at a green light and Krout’s vehicle, traveling in the opposite direction, struck it or was struck by it. Krout sued Arnold and Payton, alleging that he had the right-of-way by traveling straight through the green light, while the defendants contended that the truck already had entered the intersection and that Krout’s lack of control of his vehicle led to the accident. Krout suffered an injury to his back. On Nov. 19, the parties settled for $97,000. Emery Krout v. Arnold Transportation Services Inc. and Thomas Payton, No. 02-870-K (192nd District Court, Dallas County) Plaintiff’s attorney: Jorge L., Gomez, Gomez Law Firm, Houston Defense attorney: Grant D. Blaies, Blaies & Hightower, Fort Worth Defendant Not Liable Plaintiff David Sexton, 20, had just gotten off his part-time bartending job at about 1 a.m. He alleged that the defendant, Lenard Nicol, ran a red light and hit him in a crosswalk while traveling about 10 mph to 15 mph. Sexton claimed that he darted across the street when the signal said “walk” and alleged that Nicol was negligent for running a red light. Sexton suffered a broken finger and a gash in his head and claimed lost wages. Nicol alleged that he had a green light. A witness also testified that Nicol had a green light and that Sexton was looking back over his shoulder at his friends when he crossed the street. On Nov. 5, the jury found for the defendant. David Sexton v. Lenard Nicol, No. 00-8754-C (Dallas County Court at Law No. 3) Plaintiff’s attorney: Mark S. Humphreys, Grand Prairie Defense attorney: Martin F. Terry, John W. Stilwell & Associates, Dallas Jury Finds Employer Negligent Clint Hooks, a maintenance man in his 30s, alleged that while working at the 17,000-square-foot home of Dallas surgeon Dr. Lewis Frazee, he tripped over some wires in the basement and suffered back and shoulder damage. The plaintiff testified that he had worked for Frazee full time for three years, that he was Frazee’s employee and that the alleged employer negligently failed to provide a safe workplace. Frazee denied any negligence and that the incident even happened. He maintained that Hooks was an independent contractor. On Nov. 7, a Dallas County jury found that Hooks was an employee, that Frazee was negligent and set damages at $15,000. Clint Hooks v. Lewis Frazee, M.D., No. 01-4003 (101st District Court, Dallas County) Plaintiff’s attorney: Scott H. Richard, Bedford Defense attorney: W. Coleman Sylvan, Johnson & Sylvan, Dallas

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