Texas Verdicts

Find out about the most important recent Texas cases, selected by VerdictSearch editors. Coverage includes Dallas, Harris and Tarrant counties. Subscribe to VerdictSearch for access to all Texas verdictsPricing Options

Teen drowned in murky residential pool at night

Amount:

$982,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Dallas County

Court:

Dallas County District Court, 160th

Injury Type(s):

other-death

Case Type:

Wrongful Death – Recreation – Swimming PoolPremises Liability – Swimming Pool, Negligent Repair and/or Maintenance

Case Name:

Mack Henry Caldwell and Carla Jones, both individually and on behalf of the estate of McHenry Devon Jones, and LaQuisha Dawson, as next friend of Emili Reddicks and Miriah Jones v. Plantation House Apartments, RP Dentwood SC L.P., MBW Realty Management LLC, Jeremy Phillips, and Forester Pool Service Inc.

Date:

February 20, 2013

Parties

Plaintiff(s):

Carla Jones (Female, 40 Years), 

Miriah Jones (Female), 

Emili Reddicks (Female), 

LaQuisha Dawson (Female), 

Mack Henry Caldwell , 

Estate of McHenry Devon Jones (Male, 16 Years)

Plaintiff Attorney(s):

Jesse E. Guerra Jr.;
The J. Guerra Law Firm;
San Antonio,
TX,
for
Carla Jones, Miriah Jones, Emili Reddicks, LaQuisha Dawson, Mack Henry Caldwell, Estate of McHenry Devon Jones

Plaintiff Expert(s):

Kim Tyson ;
Pools;
Austin,
TX called by:
Carla Jones, Miriah Jones, Emili Reddicks, LaQuisha Dawson, Mack Henry Caldwell, Estate of McHenry Devon Jones ■ Gary Nelson ;
Lighting;
College Station,
TX called by:
Carla Jones, Miriah Jones, Emili Reddicks, LaQuisha Dawson, Mack Henry Caldwell, Estate of McHenry Devon Jones ■ Jerome Modell M.D.;
Drowning;
Gainesville,
FL called by:
Carla Jones, Miriah Jones, Emili Reddicks, LaQuisha Dawson, Mack Henry Caldwell, Estate of McHenry Devon Jones

Defendant(s):

Jeremy Phillips, 

RP Dentwood SC L.P., 

MBW Realty Management LLC, 

Forester Pool Service Inc., 

Plantation House Apartments

Defense Attorney(s):

Paul A. Bezney;
Adkerson Hauder & Bezney;
Dallas,
TX,
for
Jeremy Phillips, RP Dentwood SC L.P., MBW Realty Management LLC, Forester Pool Service Inc., Plantation House Apartments

Defendent Expert(s):

Kevin Burkett Lighting;
Austin,
TX for
Jeremy Phillips, RP Dentwood SC L.P., MBW Realty Management LLC, Forester Pool Service Inc., Plantation House Apartments ■ Michael Oostman Pools;
North Reading,
MA for
Jeremy Phillips, RP Dentwood SC L.P., MBW Realty Management LLC, Forester Pool Service Inc., Plantation House Apartments

Insurer(s):

First Specialty Insurance Corp.

Facts:

On the night of June 8, 2010, plaintiffs’ decedent McHenry Devon Jones, 16, was in the swimming pool at Plantation Homes Apartments in the Oak Cliff neighborhood of Dallas. Also present were his girlfriend, Emili Reddick, 15, as well as two other minors, ages 10 and 12. Emili and her mother, LaQuisha Dawson, had just moved into the complex that day. McHenry was there at Emili’s invitation. The pool’s deep end was 8 feet deep. The drop-off was steep, and the pool did not have a float rope. McHenry went into the deep end, went underwater and drowned. When he first failed to come to surface, his friends thought he was just playing. Also, the water was too murky or cloudy to see him. His friends began to worry, but did not know how to swim. They started poking around with a pole, found him and summoned a maintenance man, who went into the pool and pulled McHenry out. They called 911, and emergency personnel came but could not revive him. The property owner was RP Dentwood SC L.P. The property manager was MBW Realty Management LLC, and MBWs’ agent on the property was Jeremy Phillips. Forester Pool Service is a pool maintenance contractor. McHenry’s parents, individually and on behalf of his estate, sued MBW Realty for premises liability. The plaintiffs also sued RP Dentwood, Plantation Homes Apartments, Phillips and Forester. Phillips was nonsuited just before trial. According to Forester, it had given a bid to work on the pool but was not hired until after the incident and did not begin work until after the incident. Forester, RP Dentwood and Plantation Homes Apartments settled and were dismissed at least a year before trial. The settlements totaled $200,000, but the breakdown was unavailable. The settlement as to Forester was confidential. McHenry’s family claimed that the pool should have been closed because of the murky, cloudy condition of the water. The drain was not visible, which was the standard for closure under the city’s swimming pool ordinance. According to the plaintiffs, the maintenance worker’s girlfriend was present and would not go into the pool to look for McHenry because the water was so dark. Pool maintenance includes changing the filters and the chemicals in the pool. Failure to maintain the pool can cause the water to become cloudy and murky over time. The plaintiffs claimed that the condition of the water hindered and delayed the rescue efforts. Plaintiffs’ counsel argued that "you can’t save him if you can’t see him." The maintenance man testified that he located McHenry only by brushing up against him by chance. The complex had no pool maintenance logs, pool emergency phone or pool operations manager, all of which were required by city ordinance. Also, the only light in the pool had been inoperable for months, and the plaintiffs claimed that the lighting outside the pool was inadequate. The maintenance man was fired during the litigation and was paid $1,000 by MBW Realty upon his firing. He claimed that the payment was to persuade him to testify that the gate was locked at the time of the incident. He testified that there was no lock. The defense maintained that it was just a severance payment. Plaintiffs’ counsel also noted that MBW hired the maintenance man’s girlfriend as a leasing agent shortly after the incident. Plaintiffs’ counsel further argued that the complex was poorly managed and Phillips was a young and inexperienced agent. In addition, the plaintiffs maintained that McHenry could swim, though he was not a strong swimmer. The plaintiffs’ attorney argued that MBW was 90 percent at fault for the incident. MBW’s pool safety expert acknowledged that the pool should not have been open, but he opined that McHenry died because he did not know how to swim, not because the water was too dark. The defense maintained that the incident occurred after 10 p.m. (closing time) and McHenry was therefore a trespasser. The 911 call was made shortly after 10 p.m. Plaintiffs’ counsel maintained that the incident occurred before 10 p.m., making him an invitee. MBW further contended that the lighting around the pool was adequate and that the pool gate was locked with a padlock. According to the defense, McHenry assumed the risk of injury by jumping the gate and entering the pool after closing time, as a trespasser, without knowing how to swim.

Injury:

McHenry drowned. The plaintiffs called a drowning expert, who testified that McHenry’s conscious pain and suffering would have lasted 1.5 to two minutes. McHenry’s mother, age 40, claimed past and future pecuniary loss, past and future loss of companionship and society, and past and future mental anguish. McHenry and his mother were close. McHenry’s father died in April 2012 during the litigation. The plaintiffs initially alleged that McHenry had a minor child. The child was named as a plaintiff, but it was later determined that McHenry was not the father, and the plaintiffs nonsuited that claim. The plaintiffs sought unspecified damages.

Result:

The jury found that McHenry was a licensee, which determined the standard of care for MBW Realty. The jury found McHenry 45 percent negligent and MBW Realty 55 percent negligent and awarded the estate and family $982,000 The court ruled that the settlement credit would be $100,000, not $200,000; half of the settlement had gone to McHenry’s father, who died during litigation and could not have been awarded damages. After reduction for comparative fault and the settlement credit, and after adding prejudgment interest, the plaintiffs’ recovery was $503,664.13. The plaintiffs’ counsel specializes in swimming pool accident cases. To the best of the attorney’s knowledge, this case is the first of this kind to go to trial in Dallas County.

Carla Jones$6,000 Wrongful Death: Past Loss Of Society Companionship$250,000 Wrongful Death: Future Loss Of Society Companionship$6,000 Wrongful Death: Past Loss Of Pecuniary Contribution$120,000 Wrongful Death: Future Loss Of Pecuniary Contribution$300,000 Wrongful Death: Past Mental Angiush$150,000 Wrongful Death: Future Mental AngiushEstate of McHenry Devon Jones$150,000 Personal Injury: Past Pain And Suffering

Actual Award:

$503664.13

Trial Information:

Judge:

Jim Jordan

Courtenay Bass

Demand:

$750,000, according to defense counsel

Offer:

$250,000, according to defense counsel

Trial Length:

6
 days

Trial Deliberations:

1.5
 days

Jury Vote:

10-2

Jury Composition:

5 Hispanic/ 2 black/ 5 white

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel, defense counsel and Forester’s counsel.