Texas Verdicts

Plaintiff(s):

Denise Whitaker (Female), 

J. Nicole Crisp (Female), 

Denton James Ward (Male, 18 Years), 

Lauren Bailey Crisp (Female, 19 Years), 

William Paul Crisp, Jr. (Male)

Plaintiff Attorney(s):

Robert L. Langdon;
Langdon & Emison;
Lexington,
MO,
for
Denise Whitaker, J. Nicole Crisp, Denton James Ward, Lauren Bailey Crisp, William Paul Crisp, Jr. ■ Christopher S. Hamilton;
Standly Hamilton LLP;
Dallas,
TX,
for
Denise Whitaker, J. Nicole Crisp, Denton James Ward, Lauren Bailey Crisp, William Paul Crisp, Jr.

Plaintiff Expert(s):

Jill Burton;
M.D.;
Forensic Pathology;
Alpharetta,
GA called by
Robert L. Langdon, Christopher S. Hamilton ■ Mariusz Ziejewski;
Ph.D.;
Biomechanics;
Fargo,
ND called by
Robert L. Langdon, Christopher S. Hamilton

Defendant(s):

McDonald’s USA LLC, 

The McDonald’s Corp., 

McDonald’s Restaurants of Texas

Defense Attorney(s):

Marshall G. Rosenberg;
Hartline Dacus Barger Dreyer LLP;
Houston,
TX,
for
McDonald’s USA LLC, The McDonald’s Corp., McDonald’s Restaurants of Texas ■ Paul W. Murphy;
HayesMurphy;
College Station,
TX,
for
McDonald’s USA LLC, The McDonald’s Corp., McDonald’s Restaurants of Texas

Defendant Expert(s):

Catherine Corrigan;
Biomechanics;
Philadelphia,
PA called by
Marshall G. Rosenberg, Paul W. Murphy

Insurer(s):

Self-Insured

On Feb. 18, 2012, in the early morning hours, plaintiffs’ decedents Denton Ward, 18, and Lauren Crisp, 19, both college students, were involved in a physical altercation with Marcus Jones and a number of other people in the parking lot of a College Station McDonald’s restaurant. Ward was attacked by Jones and a mob, during which he was struck repeatedly. He was hit in the head and bleeding when Crisp and Samantha Bean were able to get him into his sport utility vehicle. Bean the drove Ward and Crisp to the hospital in his SUV. However, they collided with a pickup truck driven by Tanner Giesen at a traffic-light controlled intersection. Ward and Crisp died. Jones was subsequently convicted of assault. Ward and Crisp’s parents, individually and on behalf of their children’s estates, sued McDonald’s for premises liability. Plaintiff’s counsel maintained that the restaurant had a history of violence taking place in and around its property, but managers did not hire security personnel, install cameras, or take steps to increase security. Local police officers testified there had been more than 20 reports of assaults on or near the property over the year prior to Ward and Crisp’s assault. Plaintiff’s counsel argued the lack of security was the proximate cause of both Ward and Crisp’s deaths. Plaintiff’s counsel argued Bean attempted to drive Ward and Crisp to the hospital because she had been advised it was unsafe to wait for emergency responders at the McDonald’s. The plaintiff’s biomechanics expert testified Crisp was unrestrained and kneeling in the backseat attempting to treat Ward’s injuries at the time of the collision, and that this contributed to the fatal injuries she sustained in the collision. Defense counsel denied any lack of security at the restaurant was the proximate cause of Ward and Crisp’s deaths, and that the proximate cause was the actions of third parties, including Jones, the other unknown parties who took part in the altercation, Bean and Giesen. The defense accident reconstruction expert testified both Ward and Crisp’s fatal injuries were sustained in the collision, not the fight. Defense counsel argued that Bean ran a red light and Giesen failed to keep a proper lookout, causing the collision. Defense counsel maintained a College Station bar, Hurricane Harry’s, had improperly served Ward, Crisp, and Bean alcohol prior to the incident, and that this contributed to Ward and Crisp’s fatal injuries.

Ward and Crisp sustained fatal head injuries. The plaintiff’s expert pathologist testified that the amount of blood found in Ward’s vehicle indicated that prior to being put in the vehicle he had incurred a type of skull fracture that causes severe bleeding and would have been fatal within minutes. Their families sought an unspecified amount for past and future loss of companionship and mental anguish, along with pre-death pain and suffeirng for Ward.

The jury found McDonald’s 97 percent liable, Jones 2 percent liable and the unidentified parties in the assault 1 percent liable. The plaintiffs were awarded $27 million, which was reduced to $26,190,000 for comparative liability.

J. Nicole Crisp: $500,000 Wrongful Death: Past Loss Of Society Companionship; $1,000,000 Wrongful Death: Future Loss Of Society Companionship; $2,000,000 Wrongful Death: Past Mental Anguish; $2,000,000 Wrongful Death: Future Mental Anguish; William Paul Crisp, Jr.: $500,000 Wrongful Death: Past Loss Of Society Companionship; $1,000,000 Wrongful Death: Future Loss Of Society Companionship; $2,000,000 Wrongful Death: Past Mental Anguish; $2,000,000 Wrongful Death: Future Mental Anguish; Denton James Ward: $5,000,000 Personal Injury: Past Pain And Suffering; Denise Whitaker: $1,000,000 Wrongful Death: Past Loss Of Society Companionship; $2,000,000 Wrongful Death: Future Loss Of Society Companionship; $4,000,000 Wrongful Death: Past Mental Anguish$; 4,000,000 Wrongful Death: Future Mental Anguish

Actual Award:

$26,190,000

Judge:

Steve Smith

Trial Length:

8
 days

Trial Deliberations:

4
 hours

Jury Vote:

10-2

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