Case N. 73CV-2013-395-1
James Leonard came to Duncan Firm in desperate need of help. While teaching a class, he suffered a serious injury to his left ankle after tripping and falling on a negligently installed gym floor. What was initially diagnosed as a minor ankle sprain worsened into a very severe condition: Complex Regional Pain Syndrome (CRPS). The company that installed the flooring denied responsibility for Mr. Leonard’s injuries, but the lawyers at Duncan Firm filed suit and vigorously pursued this complex case. The flooring company continued to steadfastly deny responsibility, and refused to fairly compensate Mr. Leonard a single dime for his losses. After years of litigation, with the case set for trial, Duncan Firm was able to obtain a $700,000 judgment against the flooring company. Premises liability cases are difficult, and often hard-fought claims that most attorneys turn down because of the complexity. Nevertheless, with perseverance, hard work, and a team-developed legal strategy, we found a way to maximize recovery for our client.
$700K Judgement - Leonard v. Baldwin & Shell Construction Co. et al.
Case N. 73CV-2013-395-1
Jury Awards $17 Million in Crash
Kimberly Patrick, Individually and as Guardian of the Estate and Person of Ariel Anderson, an incapacitated person v. Weaver-Bailey Contractors, Inc.
A Lonoke jury awarded $17 million to a 23-year-old Cabot woman who was left severely brain damaged after a collision in a construction zone. The jury found Weaver-Bailey Contractors liable for not exercising reasonable care for the safety of travelers. Anderson was on her way home from work when she was struck by a dump truck pulling out of the construction zone near Jacksonville, Arkansas. The dump truck was attempting to merge into traffic. The case showed that highway construction zones can be very dangerous and that contractors should make reasonable efforts to secure the safety of the traveling public. Hopefully, we can take what we learned from this terrible incident to better ensure the safety of travelers.
$20M Jury Verdict - Metheny v. ProAssurance
Case No. CV 09-96010
When Cody Metheny underwent brain surgery, the physician mistakenly operated on the wrong side of his brain. Fifteen months later, Cody's parents learned tissue had been removed from the wrong side of Cody's brain. The Methenys filed a direct-action suit, alleging medical negligence on the part of the hospital, and against the hospital's liability-insurance carrier. The jury returned a verdict in favor of the Methenys.
$7M Jury Verdict - Washington v. Ford Motor Co.
Case No. CV 2003-627-1
Johnny Washington and his son were traveling in their 1994 Ford Explorer when their vehicle was struck by a driver who had run a stop sign. The Explorer rolled over twice, fatally injuring Johnny. A complaint was filed against Ford Motor Company for negligence, strict liability, failure to warn, and breach of warranties. The jury returned a verdict finding that Ford and the driver, in equal measure, had been the proximate cause of Johnny's death. The jury awarded $4,652,125 in compensatory damages and $2.5 million in punitive damages.
$20M Jury Verdict - eLutz and Morris v. Club 616 and Amoco Oil Company
Case No. CV-98-304
$20 Million Default Judgment was awarded for illegal sale of alcohol to minors.
$8M Jury Verdict - Morris v. UP
Case No. USDC 00-1133
Johnny Morris was going about his normal duties when dispatched to clean collision wreckage at the local railroad crossing. Johnny's head was lodged against a train when the driver decided to move it without warning. Johnny’s skull was crushed, and he was permanently and severely injured. Phillip Duncan fought long and hard for Johnny, and after a two-week trial Johnny was awarded $8,000,000 by the jury.
$4M Jury Verdict - Page v. Suitt Construction Co., Inc. et al.
Case No. USDC, Eastern District, Jonesboro Division, No. 84-295
Wayne Page became a paraplegic when injured on the job. A big insurance company wasn’t willing to do what was right by Wayne, so Phillip Duncan took his case to a jury trial and won.
$3M Jury Verdict - Anderson v. Dallas Airmotive
USDC Case No. 98-5143
A medical helicopter conducting a patient air lift fell 90 feet after take off, due to mechanical failure. The pilot was able to negotiate a successful crash landing with no fatalities, but there were serious injuries. A jury concluded the company that had performed a maintenance overhaul on the helicopter was at fault, and a judgment was awarded in favor of the plaintiff, Mr. Anderson.
$2M Jury Verdict - Dees v. Allied Fidelity Insurance Co.
An insurance company issued a denial in bad faith. A jury awarded $2.35 million: a $750k compensatory award and $1.6 million in punitive damages.
$1M Jury Verdict - Sanders v. Arkansas Missouri Power Co.
Case No. 267 Ark. 1009
Bill Sanders, an employee of Arkansas Missouri Power Company, received severe burns over a large part of his body. This resulted in the loss of one leg, and Bill became restricted to a wheelchair. While in the hospital, Bill’s employer promised to create a new job with the same salary he had been earning. After 18 months the employer went back on its promise to Bill and stopped paying his promised salary, then turned Bill over to worker’s comp. Bill came to Phillip Duncan for help because they were from the same hometown, and he hoped Phillip would take pity on his situation. Phillip studied various laws to see if any could help Bill, and came up with a solution. Duncan Firm filed suit under a contract theory, and took Arkansas Missouri Power company to trial. The jury awarded Bill $1,099,043.77, every sent the law would allow for.