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The Gap Between Judges and Jurors: $222M Reversal Spotlights Differences

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The Gap Between Judges and Jurors: $222M Reversal Spotlights Differences | Texas Lawyer
















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https://www.law.com/texaslawyer/2024/08/05/the-gap-between-judges-and-jurors-222m-reversal-spotlights-differences/

The Westar Energy power plant in St. Marys, Kansas, site of a fatal accident that killed two workers. Credit: Google

Left uncorrected, the impact of the panel’s grievous errors will extend far beyond this case, threatening unsustainable confusion on a host of issues throughout trial courts in the 10 counties, plaintiffs attorney Andrew Gould said.

August 05, 2024 at 05:33 PM

5 minute read

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What You Need to Know

  • A widow is seeking en banc reconsideration on a Houston appeals court reversal of a $222 million judgment.
  • Her attorneys argue it is unprecedented in Texas appellate history to dismiss a case for inconvenient forum after the trial.
  • In addition, plaintiff’s counsel notes the forum issue was considered by the appeals court and the Texas Supreme Court before trial.

Plaintiffs attorneys for a man boiled to death are asking for en banc reconsideration after a three-judge panel concluded that a jury’s $222 million damages verdict was the result of an improper closing argument.

The First District Court of Appeals not only vacated the judgment, it also dismissed the case by concluding that it should have been tried in Kansas, not Texas.

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