In this case, Plaintiff Francis brought suit on behalf of herself and her two minor children and sued Defendant Kade Featherston making a demand of $100,000 – or the limits of the insurance policy held by Featherston. Harrison + Hull attorneys Richard Harrison and Rocio Goeswehr appeared in the 160th District Court in Dallas County, Texas and held the judgement for Plaintiffs to only $59,466 – over $40,000 less than Plaintiffs lowest demand. Below are the details as written by Verdict Search:
Case: Latoya Francis, individually and as next friend of Amyrie Francis and Brion McGowan, minors vs. Kade Featherston (No. DC-14-11641)
Court: 160th Judicial District Court, Dallas County, Texas
Date: May 19th, 2016
Facts of the Case:
On Feb. 24, 2012, plaintiff Latoya Francis, a home health aide in her early 30s, was rear-ended on West Bear Creek Road at Creekview Drive, in Dallas County, Texas.
Francis, driving a pickup truck, stopped to make a left turn when she was struck by a vehicle driven by Defendant Kade Featherston, who was driving approximately 45 miles per hour. Francis claimed that she suffered multiple injuries. Francis’ daughters, plaintiffs Amyrie Francis and Brion McGowan, were passengers. Amyrie claimed that she suffered injuries, and Brion claimed that she suffered seizures.
Francis and her daughters sued Featherston, alleging that she was negligent in the operation of a vehicle. Featherston stipulated to negligence, and the case was tried on the issues of causation and damages.
Alleged Injuries and Damages
Brion’s head struck the back of the truck’s window. Brion and Francis alleged that the teen suffered two seizures at the accident scene.
Francis and her daughters were taken by ambulance to an emergency room, where Brion received seven staples to a laceration on the back of her head. She underwent multiple CT scans of her head, neck, back, and chest, all of which were negative. The family was later released.
On Feb. 27, Francis and her daughters presented to a rehabilitation facility (at the referral from their attorney), where they treated with a course of physical therapy.
Starting in early May, Brion started a succession of hospitalizations and was diagnosed as having pseudoseizures (seizures that do not have an organic cause and which are caused by emotions). She sought to recover over $100,000 in outstanding medical costs.
Amyrie was seen twice and released on March 5. Francis and Brion treated with exercises, and were released April 16. They each sought damages for past and future suffering and mental anguish and physical impairment. Featherson’s counsel maintained that neither the ambulance or emergency-room records reflect that Brion suffered seizures on the day of the accident.
After hearing the evidence and arguments of counsel, the jury determined that Francis and her daughters would receive $59,465.95 – over $40,000.00 less than demanded by Plaintiffs.