By Brandon Evans | Published Thursday, February 25, 2010
After one day of deliberation, a Wise County jury found in favor of Jackie Murphree of Decatur on Monday in a civil suit that has played out in 271st District Court in Decatur over the past two weeks.
The jury found the bulk of the responsibility to center on Betty A. Monroe, an intoxicated driver who crashed into Jackie two-and-a-half years ago west of Decatur. They found Monroe 70 percent responsible for $23.5 million in damages.
Site Concrete Inc. was found responsible for 15 percent. Texas Department of Transportation (TxDOT) was found responsible for the remaining 15 percent.
Austin Bridge and Road was found to have zero culpability in the August 2007 collision that left Jackie in a permanent semiconscious state. Kurrie and Patrick Murphree, of Decatur, filed the suit on their daughter's behalf.
The trial included testimony from dozens of witnesses and lengthy examinations and cross examinations from attorneys representing the four parties involved.
The closing arguments Monday morning drew the largest crowd. Observers crammed into every available seat in the bench rows facing the judge. While the jury deliberated, the courtroom remained mostly full.
The morning began with Judge John Fostel reading the charge to the 12 jurors. He instructed them to not use sympathy or bias when making a decision in the complicated case.
Murphree attorney Derrick Boyd echoed that instruction during his closing argument.
"Pat and Kurrie (Murphree) have received tremendous support from family, friends, their church and their community," he said. "They've had enough sympathy. They came here for something their friends and family can't give them. That's justice.
"If you hold them responsible here, maybe this won't happen again in the future."
Jackie Murphree was represented by Simpson, Boyd and Powers. The accident occurred at the intersection of County Road 1110 and U.S. 380, which was under construction at the time.
Experts testified about medical care and rehabilitation expenses since the accident. Lifetime care for Jackie is projected to cost from $11 to $13 million. Another expert testified that the accident would cost Jackie as much as $3.5 million in lost wages. The Murphrees also sued for disfigurement, physical impairment, physical pain and anguish suffered by their daughter.
It was up to the jury to determine how much and what percentage each of the defendants pay the plaintiffs.
"We're pleased with the verdict," said Murphree attorney Mike Simpson. "We felt that Monroe was responsible, and we know that TxDOT made some mistakes."
"But the construction companies had been saying all along that only Monroe was responsible," Boyd said.
"They said they had zero responsibility, and the jury found them at 15 percent," Simpson said. "We knew we were fighting an uphill battle because Monroe was an intoxicated driver."
Site's attorney, Jennifer Aufricht, denied any wrongdoing or negligence on the part of her client.
"Other families used this intersection all the time and there was no problem," she said. "The problem was due to a drunk driver."
In her closing argument, and in her opening statement, Aufricht displayed a stack of 22 empty beer cans, the approximate amount of alcohol Monroe consumed prior to the accident. A blood draw revealed Monroe to have a blood-alcohol content of .32 following her arrest. The legal limit to drive is .08.
Aufricht reiterated the fact that Site was in compliance with TxDOT's Traffic Control Plan for the intersection.
She also referenced witness Bill Nelson, area engineer for TxDOT, who testified that no stop sign was required.
"This road was closed and only being used by four driveways," Aufricht said. "Monroe is 100 percent at fault. Nothing else caused the accident."
The jury ultimately disagreed.
The next step will be to defend the jury's verdict given, as the defendants found responsible will appeal the decision. Monroe has no means to pay 70 percent of more than $23 million. And according to the Texas Legislative Council, the state and its agencies have immunity from many suits.
S. Todd Parks, Monroe's attorney, stressed that Site Concrete's management created a "culture" of ignoring safety procedures.
"Evidence showed Site should have had barricades," Parks said. "If they had, the accident would not have happened. They did not have barricades because safety did not matter."
He pointed to testimony by Site president Mike Boney. Boney worked with the company for 29 years and had never heard of the Manual on Uniform Traffic Control Devices (MUTCD). He also referred to testimony from Jaime Gonzalez, Site's project manager for U.S. 380 at time of accident, who also admitted he had never heard of it.
The MUTCD "defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public traffic" according to the Federal Highway Administration.
"Safety did not matter, and it trickled down," Parks said. "Site has a culture of being unconcerned about safety."
He said Monroe has accepted responsibility for her role in the accident. She pleaded guilty in criminal court for intoxicated assault and received 10 years' probation.
"Today is the day for Site to step up and admit that they are also responsible for this accident," Parks said.
Edwin Wright, attorney representing subcontractor Austin Bridge and Road, contended all along that his client had alreadycompleted its work on the U.S. 380 project when the accident occurred. In the end, the jury agreed.
Wright referenced documents showing Austin Bridge and Road had completed all its work on the U.S. 380 project by Aug. 6, 2007. Traffic was rerouted at the intersection of the collision on Aug. 10. The accident didn't occur until Aug. 17.
