Hines v. Eubanks et al.
Daniel Hines was driving down 59 highway South of Neosho, on his way back to work, when a FedEx van pulled out in front of him. The van was leased by an independent service provider (ISP), A&O Transportation, Inc. A&O Transportation, Inc. was working as an agent of FedEx and directly employed the driver.
During the wreck, Daniel suffered injuries to both legs, including a broken patella in his right leg, and a bicondylar tibial plateau fracture in his left. He was hospitalized for three days before he was sent home; he did not have insurance. Daniel’s family had to borrow a handicap accessible van and wheelchair to get him home because he could not move his left leg and could not put pressure on his right leg. Over the next three weeks, Daniel developed blood clots in his left leg that traveled to his lungs resulting in bilateral pulmonary emboli. After another 6-day hospitalization, which involved PT/OT, Daniel began the road to recovery. However, at the time of trial, Daniel’s permanent injuries were evident: he could not kneel on his knees, had difficulty climbing, could not jog or run, and woke up most nights by 3:30 a.m. Daniel still worked his physical job, but required three hydrocodone and two valiums to get through the work day.
The most FedEx offered Daniel before trial was $150,000.00. Steve Garner and Abe Paul obtained a jury verdict in the amount of $1,266,268.00 after a four day trial.