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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. MOTOR VEHICLE Injured Worker Gets $200,000 Roy Ostergren, 51, was a roughneck employed by Patterson Drilling Co. of Snyder when he was injured in an accident in a car driven by the driller for his job site, James David Griffith. Ostergren sued Griffith, whose insurance coverage paid $20,000, and Patterson, alleging that Griffith was performing within the course and scope of his employment when he transported workers to the site, which the company denied. On Nov. 11, a mediated settlement gave Ostergren $200,000 for his injuries to be paid by Patterson. Roy Ostergren v. James David Griffith and Patterson Drilling Co., LP, LLLP,No. A-110,342 (70th District Court, Ector County) Plaintiff’s attorney: Ruff Ahders, Law Office of Ruff Ahders, Odessa Defense attorneys: Robert E. Motsenbocker, Shafer, Davis, Ashley, O’Leary & Stoker, Odessa (Patterson Drilling Co.); Michael C. Tighe, Stubbeman, McRae, Sealy, Laughlin & Browder, Midland (James Griffith) TxDOT 75 Percent Liable Remonica Wilson, a 28-year-old admissions clerk for a hospital, and her two minor daughters were in a car that lost traction and rolled over on a newly resurfaced curve. The Texas Department of Transportation had worked on FM 711 the night before and allegedly had left gravel on it, with no warning sign. Wilson testified that she was driving less than the 55-mph speed limit and did not apply her brakes. Her vehicle went into the grass and rolled over, skidding 70 feet on its top. Wilson sued TxDOT under the Texas Tort Claims Act. TxDOT denied that there was an unreasonable risk of harm that it knew or should have known of. It also said that there was only a small amount of gravel, too little to have caused the accident. TxDOT further claimed that Wilson was late for work and was speeding, which she denied. On Nov. 19, a San Augustine County jury found Wilson 25 percent negligent and TxDOT 75 percent negligent. The jury awarded a total of $30,089 to Wilson and her daughters. Remonica Wilson, Individually and as Next Friend of Shanekka Wilson and Tyteanna Wilson, Minors v. Texas Department of Transportation,No. CV-8452 (273rd District Court, San Augustine County) Plaintiffs’ attorney: Marty Herring, Marty Herring & Associates, Houston Defense attorney: Richard A. Mason, Texas Office of the Attorney General, Austin NEGLIGENCE Doctor Not Liable for Death A doctor successfully defended a suit in which the plaintiffs alleged he released a patient with an undiagnosed hip fracture from the hospital. Fannie Naomi Vann, 94, was admitted to Huntsville Memorial Hospital on Dec. 29, 1999. During her stay, she allegedly crawled out of bed and fell to the floor. As alleged, Dr. M.G. Selassie examined her, diagnosed her with a quarter-sized hematoma on her forehead and discharged her the next day. Vann returned to the hospital on Jan. 3, 2000, with an altered mental status and died five days later. Her estate alleged that Vann died because of complications from a hip fracture sustained when she fell in the hospital. The estate further alleged that Selassie misdiagnosed Vann’s injuries after the fall. Selassie defended that Vann did not fracture her hip while she was in the hospital. Witnesses said that Vann performed normal activities and did not complain of hip pain after being discharged. On Nov. 22, a Walker County jury found Selassie not liable. The hospital settled out of the case before trial. William H. Vann, Independently and as Representative of the Estate of Fannie Naomi Vann, Florence Wood and Fannie Irving v. Huntsville Memorial Hospital and Dr. M.G. Selassie, No. 21028 (12th District Court, Walker County) Plaintiffs’ attorneys: James E. Simmons and Clifford A. Lawrence, Simmons & Lawrence, Houston Defense attorneys: Matthew B.E. Hughes and James Sunosky, Boston & Hughes, Houston NURSING HOME NEGLIGENCE Home Settles for $995,000 On Nov. 15, Syble Davidson, the daughter of Eula Mae Davidson, a blind 86-year-old with dementia, settled her mother’s claims against the nursing home, People’s Nursing Center at Woodland Springs, where she lived for $995,000. She also sued Pete Patterson, the director of nursing, administrator Dudley Bumpass and the facility manager, Michelle’s Nursing Facilities Inc. Eula Mae was wholly dependent on the staff of the nursing home; as alleged, the home’s negligence or gross negligence, including failure to follow feeding orders, allegedly caused her to suffer malnutrition. She further developed multiple stage III and IV decubitus ulcers, or bedsores. The defendants denied negligence and blamed Eula Mae’s decline on her underlying disease processes. Syble Davidson, on Behalf of Eula Mae Davidson v. Woodland Springs Nursing Center Inc. (f/k/a People’s Nursing Centers at Woodland Springs Inc.) d/b/a People’s Nursing Centers at Woodland Springs d/b/a Woodland Springs Nursing Center, Pete Patterson a/k/a Willie Patterson, Dudley Bumpass and Michelle’s Nursing Facilities Inc., f/k/a Michelle’s Nursing Services Inc., No. 2001-2848-1 (19th District Court, McLennan County) Plaintiff’s attorneys: J. Thomas Rhodes III and Laura R. Pazin, Lyons & Rhodes, San Antonio Defense attorney: Christopher D. Freeman, A. William Arnold & Associates, Dallas PREMISES LIABILITY Complex Not Liable for Injury A Harris County jury returned a defense verdict on Nov. 7 finding that plaintiff Elaine Dipple, 59, was responsible for injuries she allegedly sustained as the result of a fall in her apartment complex. Dipple was leaving a friend’s apartment in the same complex when she tripped over a concrete car stop and broke her wrist. She sued Cornerstone Properties d/b/a Villa de Cancun Apartments for premises liability. Cornerstone contended that there were no cracks or problems in the concrete and that Dipple had a tendency to fall and was not walking with her cane on the day of the accident. Elaine Dipple v. Cornerstone Properties d/b/a Villa de Cancun Apartments, No. 2001-27351 (295th District Court, Harris County) Plaintiff’s attorney: Lawrence Bosompem, Amoako & Associates, Houston Defense attorney: Richard Simmons, Cokinos, Bosien & Young, Houston

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