Three Wins in Three Months: How It Happened
Much has been written of the vanishing jury trial, how in the current age of “tort reform” and other measures designed to limit jury trials, rarely, if ever, do lawyers see the inside of a courtroom.
Such, however, is not the case at the Aldous\Walker law firm in Dallas.
In less than three months, Charla Aldous and Brent Walker, along with fellow attorneys Caleb Miller and Tiffany Standly and legal assistant Ellen Lessem, went to court and tried cases to a jury three times.
Three trials in about 80 days.
And here’s the kicker: They won all three. Here’s a quick look at each case.
Jackson v. Beamers Private Club et al., Cause No. DC-13-13245, Dallas County
The firm went to court on behalf of Stacey Jackson, the mother of Jerry Brown, a Dallas Cowboys practice-squad football player, who died in an alcohol-related automobile accident in December 2012. The driver of the car was Dallas Cowboys star defensive tackle Josh Brent, who was both intoxicated and speeding; his blood alcohol was later found to be at least twice the Texas legal limit of .08. Josh Brent lost control of the car and flipped it, and Jerry Brown died at the scene.
The lawsuit was filed under the Texas Dram Shop Act, alleging that prior to the accident, Brent and Brown had been at Beamers Private Club’s Private Lounge and were overserved alcohol.
A 12-person jury in Dallas County found in favor of Stacey Jackson and awarded $25 million, including $15 million for her loss of her son and $10 million to the Estate of Jerry Brown for his pain and mental anguish in dying.
Because of the delays caused by the defendants, prejudgment interest brought the judgment in favor of Stacey Jackson entered by the Court to $28,894,536.
Milburn v. American Honda Motor Co., Inc., Cause No. DC-16-16470, Dallas County
Five weeks after winning the above case, Charla and Brent were back in court, this time on a difficult automotive product liability case on behalf of their client Sarah Milburn.
Sarah was left quadriplegic, with limited use of her arms and hands following an accident in which she was a passenger in the third-row seat of a Honda Odyssey. Sarah had buckled her seat belt, but because Honda had created the seat belt system in a way that made it almost impossible for consumers to understand, she failed to attach a second latch correctly. As a result, she was in more danger than if she had been unbelted. When the vehicle was hit broadside and rolled, she broke her neck and was left paralyzed. Every other passenger walked away from the accident, including several who were not belted at all.
The firm brought a product liability claim against Honda, arguing that the design of the seat belt in the third row’s middle seat was defective because it did not work as passengers expect and would therefore be used incorrectly. To demonstrate this, the firm purchased a similar Odyssey and had people get in and buckle up, just as Sarah had done; 50 of 53 people did just as Sarah had done — the wrong way — which was more dangerous than no buckle at all.
The jury found in Sarah’s favor and awarded $37.6 million, consisting of approximately $20 million in medical needs and loss of earning capacity and approximately $17 million in noneconomic damages for mental anguish, pain and loss of enjoyment of life.
I.F. v. Andrew Valderrama and Isaiah Gary, Cause No. 14-10284-16, Denton County
Eight days after the Honda verdict, Charla and Brent were back in court again, this time on behalf of their client Isabella Fletcher.
Isabella was only 14 years old in 2012 when she was drugged and then sexually assaulted by two high school football players at a party. Nothing happened to the football players; they never missed a practice or a game.
But for Isabella, the rape was just the beginning of a personal and legal nightmare that would go on for years. Despite federal Title IX requirements, Isabella’s school did not protect her from sexual harassment Unlike the assailants, she was forced to leave her position with the school’s cheerleading squad and eventually leave her school altogether. Because of the assailants’ status as football players and mistakes by the police, the district attorney did not prosecute the assailants. Isabella suffered through depression and anxiety and attempted suicide more than once.
She brought a federal Title IX case currently on appeal and a separate state civil sexual assault case against the two football players — adults at the time the case finally went to trial — and a 12-person jury in Denton County, Texas, found unanimously in her favor against the assailants and awarded her $32 million.
Finally, what you can’t see in the list of cases and wins — impressive though they may be — is the connection Charla and Brent make with their clients. It’s born of the passion they bring to each and every endeavor, and it literally is on display at the firm offices in Dallas.
Visit there and you’ll find a collection of case mementos from clients unlike anything you’ll see elsewhere.
The latest memento is a shadow box containing a faux-diamond-encrusted toothbrush with a small mallet and an inscription that reads, “In emergency, break glass.” It’s something of an inside joke, as Charla was telling the client she can be such a zealous advocate, she is sometimes at risk of the court taking exception to her advocacy and finding her in contempt. And so, she never heads to court without a toothbrush in her purse, just in case.
And that’s yet another reason why you should consider them if you ever need a lawyer. Not because they’re zealous advocates; they are. Not because they try lots of cases; they do. And not because they win rather often; they do that, too.
But because they make it personal in the very best sense of that word. And their clients are better off for it.