Texas Verdicts

Plaintiff(s):

Breisha Bell (Female, 33 Years)

Plaintiff Attorney(s):

Andrew B. Sommerman;
Sommerman, McCaffity & Quesada, LLP;
Dallas,
TX,
for
Breisha Bell ■ Alexandria M. Risinger;
Sommerman, McCaffity & Quesada, LLP;
Dallas,
TX,
for
Breisha Bell

Defendant(s):

Kevin F. Genter

Defense Attorney(s):

Paul W. Simon;
Simon Paschal PLLC;
Dallas,
TX,
for
Kevin F. Genter ■ Dustin A. Paschal;
Simon Paschal PLLC;
Dallas,
TX,
for
Kevin F. Genter

On Nov. 2, 2013, plaintiff Breisha Bell, 33, a beauty supply manager, was riding on the back of a motorcycle traveling on Business 121 merging onto Highway 121 (Sam Rayburn Tollway), in Lewisville. Bell’s boyfriend, Kevin Genter, was operating the motorcycle. Her first time riding a motorcycle with Genter, Bell was holding onto the strap located between her and Genter. Bell claimed that Genter picked up speed to merge onto Highway 121, and upon doing so, allegedly performed three wheelies; on the third wheelie Bell slid onto the back wheel and then landed on the ground. She suffered road rash and claimed post-traumatic stress disorder. Bell sued Genter, alleging that he was negligent in the operation of vehicle. Bell and a witness (a motorist who was traveling behind them) testified that Genter performed the wheelie, which prompted Bell to fall off the motorcycle. Genter maintained that he did not perform a wheelie. Genter relied upon the testimony of his co-worker, who was driving a motorcycle behind him. Genter and the co-worker testified that Bell turned and attempted to reach down to grab her driver’s license, which was coming out of her pocket. In doing so, Bell fell off the bike, Genter claimed.

Bell was taken by ambulance to a hospital where she received treatment for severe road rash on her buttocks that was caused by the tire, not her impact with the road. She remained hospitalized for three weeks, during which time she received multiple burn-treatment-type procedures, including ointments and having scars scraped off. As part of the abrasions caused by the tire, Bell suffered damage to the nerves in her skin on her lower back and posterior. For the next three months, Bell continued receiving wound care through her physician, which included cleaning and redressing her wounds. No further treatment for her wounds was administered. Upon her hospital admission, Bell began receiving psychological treatment, and she was later diagnosed with post-traumatic stress disorder. She underwent counseling with a psychologist (whom she continued to see at trial) to treat anxiety, stress, nightmares and fear of riding on motorcycles. She sought to recover $187,437 in past medical costs. Bell’s counsel cited her medical records (primarily her hospital records) to causally relate her physical and psychological injuries to the accident. Bell, who will continue to receive counseling indefinitely, sought to recover approximately $300,000 in future medical costs. Bell’s counsel asserted that her PTSD prevents her from returning to work, as she has difficulty concentrating and is afraid of driving. She sought to recover $40,000 in past lost wages and $280,000 in future lost earnings. Bell testified that her PTSD is paralyzing, as she is socially withdrawn and leads a reclusive lifestyle, staying primarily at home. She continues to experience pain in her buttocks from the scarring. She sought to recover $4 million for past physical pain, about $900,000 for future physical pain, $1 million for past disfigurement, $3 million for future disfigurement, a couple hundred-thousand dollars for past physical impairment, and an unspecified amount for future physical impairment. In seeking punitive damages, Bell’s counsel argued that Genter’s conduct was reckless and dangerous. Genter’s counsel maintained that Bell’s mental anguish was not related to the accident, but related to her pre-existing psychological condition. Defense counsel cited medical records which documented that Bell had received prior counseling and psychological treatment. Counsel noted that one of Bell’s friends had recently passed away at the time of the accident and that she had longstanding problems with an abusive brother.

The jury found Genter negligent and that the harm to Bell resulted from his gross negligence. It awarded $18,614,874. Genter is uninsured.

Breisha Bell: $187,437 Personal Injury: Past Medical Cost; $300,000 Personal Injury: Future Medical Cost; $1,500,000 Personal Injury: Past Physical Impairment; $3,000,000 Personal Injury: Future Physical Impairment; $9,307,437 Personal Injury: Punitive Exemplary Damages; $40,000 Personal Injury: Past Lost Earnings Capability; $280,000 Personal Injury: Future Lost Earnings Capability; $100,000 Personal Injury: Past Pain And Suffering; $900,000 Personal Injury: Future Pain And Suffering; $500,000 Personal Injury: Past Disfigurement; $1,000,000 Personal Injury: Future Disfigurement; $500,000 Personal Injury: past mental anguish; $1,000,000 Personal Injury: future mental anguish

Judge:

Sherry Shipman

Offer:

$10,000

Trial Length:

3
 days

Trial Deliberations:

2
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.