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Sample Case Report

Aviation

Plane crash on way to fishing trip was fatal for both occupants

Verdict:

(P) $2,539,122.00

Case Type:

Airplane Accidents, Wrongful Death

Case Name:

Sherry Yvette Robinett, as personal representative of the estate of James Robinett, deceased; Desiray Jynae Johnson, individually, and Devin James Robinett, individually v. Latisha Wooten, as personal representative of the estate of Harvey Kinikin Jr., deceased, No. 2011-CV-0259A

Venue:

Willacy County District Court, 197th, TX

Judge:

Migdalia Lopez

Date:

09-27-2012

Plaintiff(s):

Attorney(s):

Ladd Sanger; Slack & Davis, LLP; Dallas, TX, for Sherry Yvette Robinett, Estate of James Robinett, Desiray Jynae Johnson, Devin James Robinett
Paula Sweeney; Slack & Davis; Dallas, TX, for Sherry Yvette Robinett, Estate of James Robinett, Desiray Jynae Johnson, Devin James Robinett

Expert(s):

John Swiger Ph.D.; Economics; San Antonio, TX called by: Ladd Sanger, Paula Sweeney

Defendant(s):

Attorney(s):

Chris Kilgore; Carstens & Cahoon; Dallas, TX, for Latisha Wooten, as personal representative of the estate of Harvey Kinikin Jr.

Expert(s):

None

Insurers:

U.S. Specialty Insurance Co.

Facts:

On the night of Dec. 10, 2009, plaintiffs' decedent James Robinett, 48, a welder, was the only passenger in a Piper PA-30 Twin Comanche airplane operated by Harvey Kinikin Jr., his brother-in-law. The two men were flying from Sunray to Port Mansfield for a fishing trip.

There is no control tower at Port Mansfield Airport, and no weather reporting. At the time of their approach into Port Mansfield, there was fog and haze, and visibility was low, although the forecast had been better at the time of departure. Kinikin attempted a "visual" approach, although the weather conditions called for an "instrument" approach. The plane circled out over Laguna Madre and crashed into the water. Both men died.

Robinett's estate and family sued Kinikin's estate for Kinikin negligently attempting a visual approach during instrument meteorological conditions.

The defense stipulated to liability.

Injury:

Robinett was survived by his wife, age 45, a postal carrier contractor who later remarried; his daughter, age 18, a student who was married and pregnant with her first child at the time of trial; and his son, age 21, an unmarried student without children.

The widow and two adult children claimed past and future pecuniary loss, loss of companionship and society, and mental anguish.

The estate did not seek damages.

The plaintiffs sought $1.3 million in economic damages. For noneconomic damages, plaintiffs' counsel said he asked for the jury to be fair and reasonable and did not ask for a specific amount. Defense counsel said plaintiffs' counsel asked for $13 million in noneconomic damages.

Regarding the defense contentions on damages, defense counsel said, "we basically challenged some of their economist's assumptions, but otherwise left it to the best judgment of the jury."

Verdict Information:

The jury found damages of $1,436,297.60 for the widow and $551,412.20 for each of the two adult children. The damages totaled $2,539,122.

Desiray Jynae Johnson

$8,350 Wrongful Death: Past Loss Of Society Companionship

$130,000 Wrongful Death: Future Loss Of Society Companionship

$18,917 Wrongful Death: Past Loss Of Pecuniary Contribution

$109,145 Wrongful Death: Future Loss Of Pecuniary Contribution

$85,000 Wrongful Death: Past Mental Angiush

$200,000 Wrongful Death: Future Mental Angiush

Devin James Robinett

$8,350 Wrongful Death: Past Loss Of Society Companionship

$130,000 Wrongful Death: Future Loss Of Society Companionship