Texas Verdicts

Amount:

$1,496,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Calhoun County

Court:

Calhoun County District Court, 24th

Injury Type(s):

Case Type:

Aviation; Motor Vehicle – Passenger, Single Vehicle; Worker/Workplace Negligence – Negligent Assembly or Installation

Case Name:

Derek LeBlanc v. PHI Inc. and Apical Industries Inc.,
No. 12-2-1545

Date:

October 8, 2013

Plaintiff(s):

Derek LeBlanc (Male, 32 Years)

Plaintiff Attorney(s):

Micajah Boatright;
Arnold & Itkin LLP;
Houston,
TX,
for
Derek LeBlanc ■ Cory D. Itkin;
Arnold & Itkin LLP;
Houston,
TX,
for
Derek LeBlanc

Plaintiff Expert(s):

Angel Roman;
M.D.;
Life Care Planning;
San Antonio,
TX called by
Micajah Boatright, Cory D. Itkin ■ Vaughn Ross;

Helicopters;
Baton Rouge,
LA called by
Micajah Boatright, Cory D. Itkin ■ Kenneth McCoin;
Ph.D.;
Economics;
Houston,
TX called by
Micajah Boatright, Cory D. Itkin

Defendant(s):

PHI Inc., 

Apical Industries Inc.

Defense Attorney(s):

Ross Cunningham;
Rose Walker LLP;
Dallas,
TX,
for
PHI Inc. ■ Guy H. Riddle;
Anderson, Riddle & Kuehler;
Fort Worth,
TX,
for
Apical Industries Inc. ■ Bryan Rose;
Rose Walker LLP;
Dallas,
TX,
for
PHI Inc.

Defendant Expert(s):

Dan Cliffe;
Economics;
New Orleans,
LA called by
Ross Cunningham, Bryan Rose ■ John Thompson;
Forensic Psychiatry;
New Orleans,
LA called by
Ross Cunningham, Bryan Rose ■ Viola Lopez;
Vocational Rehabilitation;
Houston,
TX called by
Ross Cunningham, Bryan Rose ■ Robert Banks;
Biomechanics;
San Antonio,
TX called by
Ross Cunningham, Bryan Rose ■ Robert Fulford;
Orthopedic Surgery;
Houston,
TX called by
Ross Cunningham, Bryan Rose

On June 10, 2010, plaintiff Derek LeBlanc, 32, a fire and safety inspector for offshore drilling platforms, and another offshore worker were being transported by helicopter from Calhoun County to a platform in the Gulf of Mexico. For unknown reasons, out over the Gulf, a component in the tail rotor drive-shaft system failed. The pilot made a controlled landing on the water and inflated the six emergency flotation devices on the bottom of the aircraft. One of the inflation hoses had been installed reversed, resulting in two of the floats not inflating properly. The helicopter rolled over, into an upside-down position. The pilot and passengers escaped from the cabin and held onto the skids of the helicopter to await rescue boats, which arrived 10 or 15 minutes later. The helicopter transportation service was PHI Inc., and the flotation-device manufacturer was Apical Industries Inc. A nonparty manufactured the helicopter. LeBlanc sued PHI for improperly installing the flotation devices and sued Apical for products liability, design defect, and for giving PHI inadequate and confusing instructions on how to install the devices. Apical settled about two weeks before trial for a confidential amount, and plaintiff proceeded to trial against PHI. At trial, plaintiff’s counsel argued that PHI alone was responsible for the improper installation. The plaintiff’s helicopter expert, Vaughn Ross, testified that Apical’s instructions were faulty. He also testified that the floats were defectively designed and that, had Apical cured the defect, the floats would have inflated properly, but that the responsibility for the improper installation of the floats rested mainly with PHI. PHI called some of its employees, but did not call any of its retained helicopter experts. PHI’s counsel argued that Apical, because of the floats’ design and faulty installation instructions, was 100 percent responsible for the floats’ failure to deploy properly. The defense further argued that, even if all six floats had inflated, the helicopter would have rolled over anyway, because of the 4-to-6-foot waves and the loss of anti-torsional control due to the drive shaft problem.

LeBlanc was taken to the emergency room, where he underwent CT scans and was treated for bruises and scrapes. He was later diagnosed with post-traumatic stress disorder, and he claimed a herniated disc at L3-4. He followed up a week after the emergency room visit and underwent an MRI. About two months after the incident, he began physical therapy. He also underwent counseling, but his last counseling session was about 1.5 years before trial. In August 2012, he underwent a lumbar fusion. At the time of trial, his back was improving, and he anticipated being released to work soon. His treating doctors testified that he would be able to work light duty only, and LeBlanc claimed past and future lost earning capacity. He was making about $80,000 a year at time of the incident. His economist, Ken McCoin, said that LeBlanc’s pre-injury earning capacity would have been $2.5 million from the time of the incident through the end of his working life. His attorneys gave the jury multiple scenarios regarding his post-injury earning capacity. LeBlanc claimed past medical bills of $181,934.26. The parties agreed to submit the issue of the amount of medical bills to the court, to be decided after the verdict. The only jury question on past medical bills was whether the jury awarded them or not; it did not specify how much they would be. His life care planner, Angel Roman, said that the future medical bills would probably be $245,000, including follow-up doctor visits, MRIs, and medication. LeBlanc also claimed past and future physical pain, past and future mental anguish, and past and future physical impairment. The defense introduced a surveillance video of LeBlanc bending, gardening, etc. and argued that it showed he was not hurt. LeBlanc had a long history of pre-existing back problems and, according to the defense, was taking 10 to 12 Hydrocodone pills a day for back pain at the time of the incident. Also, PHI’s orthopedic surgery expert, Robert Fulford, said the post-accident MRI was identical to an MRI taken 1.5 years before the incident. In addition, the treating doctor who read the post-accident MRI diagnosed LeBlanc with a back strain only. In Fulford’s opinion, the herniated disc was pre-existing, and LeBlanc was magnifying his symptoms. PHI’s biomechanical expert, Robert Banks, said that the forces experienced by LeBlanc were not enough to cause a herniated disc or any other serious injury. Defense counsel noted that the treating emergency room doctors ordered CT scans and found no traumatic injury of the spine. The parties disputed what the rollover itself was like. PHI’s pilot testified that it was slow, smooth, and gentle. LeBlanc said it was very rough. The other passenger said it was somewhere in between. Neither the other passenger nor the pilot filed a lawsuit or claimed injury, and they both went back to work after a couple of days, the defense noted. LeBlanc had a prior history of anxiety and depression, for which he had received treatment and medication. PHI’s forensic psychiatry expert, John W. Thompson, felt that the PTSD symptoms were preexisting and that LeBlanc was magnifying them, as well. PHI’s vocational rehab expert, Viola Lopez, felt that, even on light duty, LeBlanc could be making just as much as before. The plaintiff was a high school graduate and went to college for a couple of years before dropping out. PHI’s economics expert, Dan Cliffe, felt that McCoin’s estimate of LeBlanc’s unimpaired earning capacity was far too high. The defense, emphasizing that LeBlanc hired a lawyer within a week of the incident, also argued that the medical treatment was lawyer-driven.

The jury found PHI and not Apical negligent. Although the jury did not have to answer the comparative-responsibility question, it did so anyway and put 100 percent for PHI and zero percent for Apical. The jury awarded LeBlanc $1,496,000 and found "yes" on the past medical bills question. The court then found that the past medical bills actually paid or incurred were $181,934.26. The judgment also included prejudgment interest of $56,171.06.

Derek LeBlanc $245,000 Personal Injury: Future Medical Cost; $80,000 Personal Injury: Past Physical Impairment; $30,000 Personal Injury: Future Physical Impairment; $75,000 Personal Injury: future physical pain; $191,000 Personal Injury: past lost earning capacity; $100,000 Personal Injury: past mental anguish; $700,000 Personal Injury: future lost earning capacity; $75,000 Personal Injury: past physical pain

Actual Award:

$1,734,105.32

Judge:

Juergen "Skipper" Koetter

Offer:

$500,000 (withdrawn before trial)

Trial Length:

6
 days

Trial Deliberations:

5
 hours

Jury Composition:

4 male/ 8 female

Post Trial:

PHI plans to file a motion for new trial.

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