Updated Information on Friday's Verdict in Durr v. MBS Construction
More information is emerging about the $3 million jury verdict rendered in federal court in Jackson on Friday.
On August 26, 2006 the Plaintiff Megan Durr was a Target employee working in the Target store on I-55 and Countyline Road in Jackson. MBS Construction was an independent contractor doing remodeling in the store for Target. MBS was deconstructing a 14 foot wall and pulled the bolts out on one side causing the wall to fall on Megan Durr and another employee who were working for Target on the other side of the wall. MBS provided no notice of its actions, no warning to the plaintiff and did not mark off the work area to limit access to non-construction persons.
The plaintiff suffered lower and mid back pains and had a double fusion at L4-5 and L5-S1 in December 2009. Her total medicals were about $174,000.00. She claimed lost wages, future medical damages, and pain and suffering. She did not seek punitives.
The defendant claimed the plaintiff had pre-existing degenerative disc disease. The Plaintiff had an almost two year period in 2005 to 2006 where she was either pain free or did not see a doctor for back pain. The defendant also raised the issue that her first two neurosurgeons in 2004 and 2005 recommended against a surgery because the plaintiff claimed to show improvement with medication and physical therapy.
Target joined the suit to recover its workers compensation lien. At trial, Target was not represented by counsel and the plaintiff represented Target's claims. The judge allowed the defendant to allege Target also had a duty to protect its employee and provide a safe work environment even though the defendant did not put on evidence of Target's duty, breach or causation. The evidence presented showed that MBS had an indemnity agreement with Target and still would be liable for any apportionment against Target.
The jury found $2.5 million for pain and suffering and disability, $350,000.00 for hospitalization and medical and nursing care, $100,000.00 for lost wages- Totaling $2,950,000.00.
Ashley Ogden tried the case for plaintiff, assisted by Jim Smith and Wendy Yuan of Ogden and Associates, PLLC.
Greg Spyridon of Spyridon, Palermo, and Dornan, LLC represented the defendant, assisted by John Herke of the same firm and John Corlew of Jackson.
The $2.5 million for pain and suffering will probably be reduced to $1 million due to Mississippi's cap on non-economic damages. Of course, the constitutionality of the cap is currently before the Mississippi Supreme Court.
