Peterson Trial Cross Examination of Expert in Hubbard v. Logi Warehousing and Transportation, LLC, et al, Case No. 09-CV-02266-JPO (U.S. Dist. Court - Kan).
WGPPP Wins Federal Court Case for Trucking Clients.
November, 2010 - In Hubbard v. Logi Warehousing and Transportation, LLC, et al, Case No. 09-CV-02266-JPO (U.S. Dist. Court - Kan.), Don Peterson and Sean McGivern obtained a defense verdict in this wrongful death case arising from a double tractor trailer collision on U.S. Highway 400 in southeast Kansas. Our clients, a common carrier and its driver, Mr. Tucker, were sued by the surviving heirs of Mr. McLaughlin, who died in the accident. McLaughlin was traveling eastbound, and defendant Tucker was traveling westbound. Tucker testified that McLaughlin went into his lane, so Tucker went into McLaughlin’s lane to avoid collision. Tucker testified McLaughlin then began to come back back into his own lane, so Tucker tried to return to his own lane. The left rear corner of the Tucker trailer collided with the driver’s side of McLaughlin’s cab. The point of impact was several feet into the decedent McLaughlin’s lane. The defense put on evidence that McLaughlin suffered a stroke before his death, and that probably caused his erratic driving which caused the accident. The parties called numerous expert witnesses during this week-long trial, including a cardiologist (plaintiff), two neurologists (plaintiff and defense), the coroner (defense), the Highway Patrol reconstructionist, and a truck driving instructor (plaintiff). Plaintiff and the heirs claimed $4,759,000.00 in economic damages. The jury returned a defense verdict.
The Hubbard trial proved that “doing your homework” pays off. We obtained over a dozen transcripts of prior testimony by the plaintiff’s neurology expert. By doing our homework, we were able to secure crucial admissions from this expert in front of the jury. Despite holding himself out as a practicing neurosurgeon, he was forced to admit (a) he had not been the lead surgeon in a neurosurgery for 25 years; (b) his privileges had been suspended at a hospital; (c) he rented a booth at an American Trial Lawyers Association conference; (d) for 13 years, he advertised in a publication called The California Lawyer; and, (e) in a previous case, he testified to the effect that, testifying in lawsuits was more lucrative than treating patients.
After a jury trial lasting seven days, the jury in the case of Dennis D. Gay v. Unified School District 435, et al, Case No. 09 CV 24, Dickinson County, Kansas awarded damages in the amount of $1.5 million. Mr. Gay received numerous injuries including a traumatic brain injury, which occurred when a school bus ran a stop sign and collided with a pickup truck operated by Mr. Gay. The defendants contested liability and the nature and extent of the injuries suffered by Mr. Gay. Several expert witnesses testified, including two neuropsychologists, three treating physicians, a vocational expert, a life care planner, an economist and two auto accident reconstruction experts. The case was tried by Steven D. Gough and Angela Y. Madathil. On May 17, 2010, Defendants dismissed their pending appeal of the award and paid the judgment in full.
On April 22, 2010 Steven Gough and Donald Peterson, II received a favorable decision in Waste Connections of Kansas, Inc., v. Ritchie Corporation, 43 Kan. App. 2d 655, 228 P. 3d 429 (2010). The Kansas Court of Appeals granted judgment to Waste Connections in the amount of $550,000.00. The case dealt with the operation of a right of first refusal and what price Waste Connections was required to pay to exercise its right of first refusal. The full opinion is available at the Kansas Court website. On July 19, 2010 the Court of Appeals ruled that Waste Connections was entitled to prejudgment interest on the amount of $550,000.00 from September 28, 2007 at 10% per annum, plus reasonable attorneys' fees. Ritchie Corporation has filed a Petition for Review with the Kansas Supreme Court with is pending.