National Verdicts

Amount:

$547,500

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Liberty County

Court:

Liberty County District Court, 75th

Injury Type(s):

Case Type:

Wrongful Death – Intentional Torts – Assault

Case Name:

Rukmin Durgapersad individually and as administratrix of the Estate of Ramdath Durgapersad, Susan Durgapersad, Reshma Durgapersad and Rekha Durgapersad v. Chrisondath Badall

Date:

June 10, 2013

Plaintiff(s):

Rekha Durgapersad (Female), 

Susan Durgapersad (Female), 

Reshma Durgapersad (Female), 

Rukmin Durgapersad (Female), 

Estate of Ramdath Durgapersad (Male, 56 Years)

Plaintiff Attorney(s):

Frank B. Daniel;
Essmyer & Daniel;
Houston,
TX,
for
Rekha Durgapersad, Susan Durgapersad, Reshma Durgapersad, Rukmin Durgapersad, Estate of Ramdath Durgapersad

Defendant(s):

Chrisondath Badall

Defense Attorney(s):

Chrisondath Badall;
pro se;
for
Chrisondath Badall

On Jan. 8, 2004, plaintiff’s decedent Ramdath Durgapersad, the 56-year-old owner of a Liberty City tire shop, was shot twice by Chrisondath Badall at his shop. Durgapersad died the following day. Badall was convicted of murder in September 2005 and sentenced to 55 years in prison. Durgapersad’s wife, Rukmin Durgapersad, and three daughters, individually and on behalf of his estate, sued Badall, claiming assault and wrongful death. Plaintiffs’ counsel argued that Badall shot Durgapersad during an argument over a business deal and had admitted to the shooting. Badall claimed Durgapersad attempted to shoot him and he acted in self-defense. Badall claimed he was not the proximate cause of Durgapersad’s death, arguing the hospital where he was treated and the treating physician had settled a medical malpractice suit filed by Durgapersad’s family. Badall argued that this established the settling parties’ actions were the proximate cause of death. Badall terminated his attorney in 2009 and proceeded pro se.

Durgapersad was shot in the stomach and hand and died one day later. Plaintiffs’ counsel was seeking an unspecified amount for pre-death pain and suffering and funeral expenses and past and future pecuniary loss, loss of companionship and mental anguish.

The jury found Badall liable for Dugapersad’s death and awarded $547,500. The court awarded $100,427.85 in prejudgment interest and $1,149 in court costs, for a total award of $753,885.50.

Estate of Ramdath Durgapersad $100,000 Personal Injury: Past Pain And Suffering $3,000 Personal Injury: funeral expenses Rekha Durgapersad $40,500 Personal Injury: past pecuniary loss, loss of companionship and mental anguish $18,750 Personal Injury: future pecuniary loss, loss of companionship and mental anguish $7,500 Personal Injury: exemplary damages Reshma Durgapersad $40,500 Personal Injury: past pecuniary loss, loss of companionship and mental anguish $18,750 Personal Injury: future pecuniary loss, loss of companionship and mental anguish $7,500 Personal Injury: exemplary damages Rukmin Durgapersad $148,500 Personal Injury: past pecuniary loss, loss of companionship and mental anguish $134,750 Personal Injury: future pecuniary loss, loss of companionship and mental anguish $27,500 Personal Injury: exemplary damages Susan Durgapersad $40,500 Personal Injury: past pecuniary loss, loss of companionship and mental anguish $18,750 Personal Injury: future pecuniary loss, loss of companionship and mental anguish $7,500 Personal Injury: exemplary damages

Actual Award:

$753885.5

Judge:

Mark Morefield

Trial Length:

1
 days

Jury Vote:

12-0

This report is based on information that was provided by plaintiffs’ counsel. Pro se defendant was not contacted.