$ 3 Million Verdict in Federal Court Premises Liability Case
There are reports of Ashley Ogden obtaining another large verdict in a premises case, this one in federal court in Jackson. Here is the Complaint in Durr v. MBS Construction.
The Plaintiff was shopping at the Target Store in Jackson in 2004 when a wall fell on her, causing severe injuries. MBS was performing construction work in the store. Target intervened in the case. I am not sure who the verdict was against, since the verdict has not yet been posted on Pacer. I believe that the filing part of Pacer is down for the weekend, so it will probably be filed Monday. There is also no Pre-Trial Order on Pacer, so information about the parties and issues at trial is scarce.
The Plaintiff had a back injury that required surgery and had approximately $180,000 in medicals.
Former Chief Justice Jim Smith and Wendy Yaun [correction: Yuan] tried the case with Ogden. Defense counsel were Greg Spyridon and other attorneys from his New Orleans firm and John Corlew of Jackson. Corlew filed his entry of appearance three days before trial, which I am sure limited his ability to have a meaningful influence on the outcome.
Judge Tom Lee was the trial judge.
I hope to have more on this verdict next week.
The lady, Ms Durr, was not shopping at Target, she was an employee.
Wendy Yuan, I believe, not "Yaun" (judging from the pleadings I've seen).
Spyridon's firm does plaintiffs' personal-injury work too, or at least used to. Doesn't seem to've worked here.
Unless part of that $3M was punitives (and maybe even then), I will be surprised if Tom Lee doesn't order a remittitur. But let's see the judgment first, as Philip says.