Thursday, January 03, 2019

Attorneys Carboy, Johnson, and Emerson Successfully Limit Recovery of Damages in Back Injury/TBI Case

Shareholders Greg Carboy and David Johnson, along with Associate Helen Emerson, successfully limited damages against their franchisee client to less than $200,000 at a jury trial in Dallas County where Plaintiff sought damages in excess of $7 million. 

Plaintiff had alleged the firm’s clients were negligent and proximately caused injuries to his lumbar spine resulting in multiple surgeries, as well as an alleged traumatic brain injury.  By stipulating to liability at trial but arguing that Plaintiff’s claims for damages were excessive and/or unrelated to the subject accident, the team of Carboy, Johnson, and Emerson convinced the jury to award Plaintiff less than $200,000 after Plaintiff requested the jury award him over $7 million in damages.  Further, prior to trial, the defense trial team obtained a complete summary judgment on all claims asserted against their client corporate franchisor, as well as the gross negligence claims asserted against the franchisee and its employee, which significantly limited the claims that were presented to the jury and the exposure to the firm’s clients.  (2018)

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