Archive for November, 2019

Arnold & Placek Wins Directed Verdict & Complete Dismissal in Jim Wells County

Written by A&P News on November 7th, 2019. Posted in Judicial Review, News

After three days of jury trial and at the close of evidence, the Honorable Richard C. Terrell entered a directed verdict and complete dismissal of the plaintiff’s claims against Arnold & Placek’s client, a workers’ compensation insurer, in a lawsuit seeking judicial review of an agency decision. The workers’ compensation claimant alleged that her slip and fall at work caused injuries to her shoulder that required surgery. Texas Mutual disputed that the accident caused the degenerative conditions in the worker’s shoulders, and the Texas Division of Workers’ Compensation agreed. The claimant appealed to the Jim Wells County District Court, and the case proceeded through discovery to trial. The trial consisted of testimony by several medical personnel, witnesses, and surveillance video of the claimant suggesting that she was not suffering from a shoulder injury at all. At the close of evidence, Texas Mutual moved for a directed verdict, asserting that the claimant had failed to provide the necessary medical evidence to establish a causal connection between her accident and the conditions in her shoulder. Judge Terrell agreed and dismissed the claims in their entirety.

Arnold & Placek’s trial team included Kyle Jones as lead counsel and Wendy Chen as second chair.