Texas Verdicts

Plaintiff(s):

Scott Marble (Male, 60 Years), 

Cynthia Marble

Plaintiff Attorney(s):

Brad Beers;
Beers Law Firm;
Houston,
TX,
for
Scott Marble, Cynthia Marble

Defendant(s):

Daniel Brian Johnson

Defense Attorney(s):

John E. Choate Jr.;
Law Office of John E. Choate Jr.;
Conroe,
TX,
for
Daniel Brian Johnson

On April 16, 2015, plaintiff Scott Marble, 60, got into a verbal dispute with Daniel Brian Johnson. The argument, which took place in Marble’s neighborhood in The Woodlands, led to a fight and Marble sustained a broken leg. The two men’s children attended the same school, which was nearby. Marble sued Johnson for assault, claiming that Johnson attacked him. Marble claimed that he was punched and put in a bear hug, which led both of them to fall to the ground. Marble, his wife or both of them walked their son to school every day, along a bike path next to a major street. Marble testified that he saw a speeder nearly hit a child on a bicycle in the school zone in September 2014. Thereafter, Marble started pushing for stricter enforcement of the school-zone speed limit, and if he saw someone speeding, he said he would wave his arms so that the driver would slow down. Johnson’s wife, when taking her children to school, was one of those drivers at whom Marble said he frequently waved his arms. On the day of the fight, Johnson and his wife were taking their children to school and drove past Marble and his wife. Marble said he waved his arms at the car from the bike path. After dropping off the children, Johnson drove to Marble’s neighborhood so he could confront him. Marble walked over to the car, which was stopped in front of him, and after a verbal exchange, Johnson exited the vehicle. Marble claimed that Johnson was being verbally abusive and that Johnson was the aggressor physically, as well. Marble’s leg was fractured, and his wife called 911. The Johnsons left the scene. Johnson claimed that he exited the vehicle to intimidate Marble, fearing that Marble would suckerpunch him if he stayed in the car. The Johnsons contended that Marble had been yelling and waving his arms at Mrs. Johnson frequently in a threatening manner and for a long time, including on the day of the fight. The Johnsons also maintained that it was Marble who was being verbally abusive that day, and he threw the first punch. Plaintiffs’ counsel countered, by questioning why, if Marble assaulted Johnson, the Johnsons didn’t call 911 or speak to police until police contacted them several hours after the incident. Also, plaintiffs’ counsel questioned why only Mrs. Johnson spoke to police. Plaintiffs’ counsel countered that there were inconsistencies in Johnson’s testimony and that of his wife. Mrs. Johnson testified that Marble had been attacking her car for nearly five years by waving his arms and yelling at her, but plaintiff’s counsel noted that Marble’s son had been attending the school for only two years. Also, Mrs. Johnson testified that the attacks only occurred when she drove a certain car, but her husband testified that they had owned that car for only six months before the fight.

Marble was taken to the emergency room by ambulance with a compound fracture of the left tibia and fibula. He told emergency medical workers that he felt a snap and then fell. He underwent open reduction and internal fixation, but developed osteomyelitis. This complication necessitated eight more operations, including two hardware removals and a flap revision, over the next 30 months. A 25-day hospitalization in May 2015 included two surgical debridements and nine days in intensive care. Marble sought $279,292.63 for past medical expenses. He also sought past and future physical pain and mental anguish, past and future physical impairment and past disfigurement. His wife, plaintiff Cynthia Marble sought past loss of consortium. The defense did not dispute the reasonableness and necessity of the medical expenses and treatment, but argued that there was little to no evidence to support the other elements of damages.

The jury found assault by Johnson and awarded the plaintiffs $1,349,064.

Cynthia Marble: $30,000 Personal Injury: Past Loss Of Consortium; Scott Marble: $304,034 Personal Injury: Past Medical Cost; $450,000 Personal Injury: Past Physical Impairment; $100,000 Personal Injury: Future Physical Impairment; $15,000 Personal Injury: Past Disfigurement; $300,000 Personal Injury: past physical pain and mental anguish; $150,000 Personal Injury: future physical pain and mental anguish

Judge:

Cara Wood

Trial Length:

3
 days

Trial Deliberations:

2
 hours

Jury Vote:

12-0

Jury Composition:

8 male/ 4 female

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