National Verdicts

Amount:

$1,187,268.01

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Navarro County

Court:

Navarro County District Court, 13th

Injury Type(s):

Case Type:

Wrongful Death; Gross Negligence; Intentional Torts – Malice, Assault and Battery

Case Name:

The Estate of Fernando Ramirez and Eva Ramirez As Individual and Personal Representative of the Estate Of Fernando Ramirez, Deceased, And on Behalf of All Wrongful Death Beneficiaries, Plaintiffs v. Thomas Sinclair,
No. 10-19633-CV

Date:

December 20, 2013

Plaintiff(s):

Eva Marie Ramirez , 

Fernando Jr. Ramirez , 

Valerie Marie Betancourt , 

Estate of Fernando Ramirez (Male, 34 Years), 

Jocelyn Ramirez Betancourt

Plaintiff Attorney(s):

Paul R. Hornung;
Domingo Garcia PC;
Dallas,
TX,
for
Eva Marie Ramirez, Estate of Fernando Ramirez

Defendant(s):

Billy Haven, 

Jeffrey Ballew, 

Thomas Sinclair

Defense Attorney(s):

Norman E. Snyder Jr.;
Tucker, Taunton, Snyder & Slade;
Houston,
TX,
for
Thomas Sinclair

On Oct 2, 2008, plaintiff’s decedent Fernando Ramirez, 34, an oilfield welder, finished his shift at about midnight, and he and two co-workers went to Whispers Cabaret adult night club in Mustang. Ramirez became angry after claiming he did not receive the number of dances he paid for. Ramirez went to Thomas Sinclair, who is the owner, to demand his money back. He threw something across the bar. Sinclair allegedly used a sjambok (pronounced SHAM-bock) to whip him. A sjambok was used in South Africa during the apartheid years to whip oppressed people. Sinclair is from South Africa. Sinclair allegedly hit Ramirez across the chest with the whip and then called for two employees, Billy Haven and Jeffrey Ballew, to take him out of the club. Haven and Ballew dragged him by his ankles to the parking lot Ramirez’s two friends came out of the club and put him in the car. While driving, they noticed that he was not responsive and then called 911. They pulled over and waited for the ambulance to arrive. Paramedics tried to resuscitate him but could not. Eva Ramirez, individually and on behalf of Ramirez’s estate and children, sued Sinclair, for negligence in causing the plaintiff’s injuries, false imprisonment, gross negligence and acting with malice; and sued Haven and Ballew for negligence while acting in the capacity of employees given the scope within and by Sinclair. Plaintiffs’ counsel referred to the videotape of the incident which showed that Ramirez became irate and wanted his money back. Sinclair is seen in the video grabbing the sjambok, but the whipping is not on camera. Plaintiffs’ counsel maintained that Ramirez’s head hit concrete steps as he was being dragged out. The medical examiner testified that the plaintiff sustained brain contusions and he died from trauma to the brain. Sinclair testified that he felt Ramirez was ‘unruly’ and ‘just reacted on instinct to quickly diffuse the incident and the sjambok was his only defense and means of protection.

Ramirez sustained a subdural hematoma, blunt force trauma and whip bruises on his face and chest. He leaves three children ages 7, 12 and 14. Plaintiffs’ counsel did not argue that Ramirez suffered pain except for the for the evidence on the whip marks on his body. Plaintiffs’ counsel articulate any specific amount for the jury and always just asked for was fair.

The jury found the defendants 90 percent liable and Ramirez 10 percent liable. It awarded $1,187,268.01, which was reduced to $1,068,541.20.

Jocelyn Ramirez Betancourt: $213,672 Personal Injury: past, future, exemplary damages, mental anguish, pecuniary losses, prejudgment interest Valerie Marie Betancourt: $213,672 Personal Injury: past, future, exemplary damages, mental anguish, pecuniary losses, prejudgment interest Eva Marie Ramirez: $546,251 Personal Injury: past, future, exemplary damages, mental anguish, pecuniary losses, prejudgment interest Fernando Jr. Ramirez: $213,672 Personal Injury: past, future, exemplary damages, mental anguish, pecuniary losses, prejudgment interest

Actual Award:

$1,068,541.2

Judge:

James Largomarsino

Trial Length:

8
 days

Trial Deliberations:

5.5
 hours

Jury Vote:

12-0

Jury Composition:

6 male/ 6 female

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