Tacoma, WA - Two prominent plaintiff and defense firms faced off Tuesday in a Washington state courtroom at a trial to determine damages owed to a father and son injured in a collision with a lawn care company truck, and the full trial is being webcast gavel-to-gavel by Courtroom View Network.
Panish Shea Ravipudi LLP represents plaintiffs Bradley Shepherd and his son Colton, with Hinshaw & Culbertson LLP representing defendant TruGreen LLC. Shepherd claims he suffered a serious spinal injury in the 2023 collision along with aggravation of PTSD he developed as a combat veteran.
TruGreen conceded liability for the accident, leaving the Pierce County jury tasked solely with determining the appropriate amount of damages to award to the plaintiffs. Shepherd’s attorneys argue his spinal fracture and subsequent fusion surgery significantly impacted both his earning capacity and general quality of life, however the defense maintains both Shepherd and Colton - who suffered a broken femur - made substantial recoveries.
Plaintiff attorney Spencer Lucas described to jurors how a TruGreen driver made a left turn across traffic that caused the collision with the plaintiffs' vehicle. He explained that Shepherd suffered a fracture of the T1 vertebrae at the top of the spine, and that he required a reconstructive surgical fusion procedure called a laminectomy after complaining of numbness and difficulty moving his limbs.
Lucas explained how that while Shepherd eventually regained the ability to move his limbs he still has a substantially reduced range of motion and chronic, disabling pain. Lucas described Shepherd as an active athlete and hiker who maintained his fitness after retiring from serving as an Army Ranger, and he said the accident dramatically changed his life.
“Prior to the incident he was doing great,” Lucas told the jury. “He had no limitations."
In addition to physical symptoms, Lucas argued the crash and surgery badly aggravated Shepherd’s underlying PTSD, which he developed as a result of multiple combat deployments in Afghanistan.
Despite the fact when discharged he was listed as fully disabled due to his PTSD, Lucas insisted Shepherd managed his condition and still pursued a successful career with the CIA and State Department.
Defense attorney David Richards told the jury the parties don’t disagree about the accident or even the nature of the plaintiffs' underlying injuries but rather the outcome and extent of their recoveries and what constitutes “reasonable” compensation.
While neither party gave an overall amount of damages during their opening they felt would be appropriate, Richards accused Shepherd’s attorneys of pursuing damages that were “highly inflated and for the most part unnecessary.”
Richards argued that Shepherd’s medical records show him making a steady recover after his surgery with no major setbacks or complications, and he suggested one of the plaintiffs’ own expert witnesses would testify he had a “remarkable recovery.” Richards claimed plaintiffs would rely largely on the opinions of “paid experts” versus Shepherd’s treating physicians.
Richards also took issue with Shepherd’s alleged lost earning capacity, arguing evidence would show he suffered “little or no wage loss” and hadn’t supplied tax returns to document his claimed past earnings.
The trial is expected to run through the end of the month and CVN’s gavel-to-gavel coverage will continue for the duration of the proceedings.
E-mail David Siegel at dsiegel@cvn.com
