Dallas Team Secures Favorable Jury Verdict in High Exposure Matter After Parachuting Into Case One Week Before Trial

Dallas, Texas (February 28, 2023) – Dallas Managing Partner Christopher C. White and Partner Robert A. Ewert recently secured a significant trial victory in a high exposure matter in Eastland County, Texas, on behalf of Lewis Brisbois’ insurance company client and its insured. In this case, the plaintiff sustained back and shoulder injuries after colliding with a truck that the insured’s driver was operating. The plaintiff subsequently sued Lewis Brisbois’ clients and made a multimillion-dollar demand, with an economic damages claim in the high six-figure range. Seven days before trial, the clients retained Messrs. White and Ewert to try the case.

In the days before trial, Mr. Ewert prepared a motion to exclude all of the plaintiff’s surgical evidence, including bills, records, and testimony. The motion argued that the plaintiff’s evidence was based on an inadequate foundation, failed to establish causation, and did not constitute qualified expert testimony. While the motion to exclude was pending, Lewis Brisbois’ clients made a final settlement offer, which the plaintiff declined to counter.

Following jury selection, the court granted Lewis Brisbois’ motion to exclude, which significantly limited the plaintiff’s economic damages and prevented the jurors from learning that the plaintiff had undergone two surgeries. Nevertheless, the plaintiff declined to negotiate, and the matter proceeded to trial, where the plaintiff asked the jury to award non-economic damages in the high seven-figure range. Mr. White and the insured’s counsel tried the defense's case together, and the jury ultimately returned a verdict that was less than 2% of the plaintiff’s demand and less than the defense's final settlement offer.

Mr. White is a member of Lewis Brisbois’ National Trial and General Liability Practices. He also serves as co-chair of the firm’s London Market Group and the Professional Liability Practice. Mr. White is frequently retained to try catastrophic casualty cases involving seven and eight-figure demands. He is hired at various stages of litigation, from the date of a severe accident up to 30 days before trial, when clients are looking to bolster or change their trial counsel.

Mr. Ewert is also a member of Lewis Brisbois’ National Trial and General Liability Practices. He has extensive experience representing clients in premises liability, products liability, trucking, dram shop, and negligence cases in both state and federal court. He assists clients from the date of an incident through trial to effectively evaluate and resolve matters.

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