After a five-day jury trial, Jack Modesett obtained a $450,000 verdict against Senior Living Properties LLC d/b/a Jeffrey Place Rehabilitation Center based in Waco, Texas. Mr. Modesett was assisted by Vic Feazell.
The jury found Jeffrey Place negligent and grossly negligent in its care of Homer Byrd, who died a month after being admitted.
The evidence included testimony that showed the 79-year-old blind, diabetic resident acquired a toe infection that turned gangrenous, which led to his right leg being amputated just above the knee and, ultimately, to his death.
Jeffrey Place attempted to rebut this evidence with testimony that said the personnel followed the directions of the center's medical director and did all they could for Mr. Byrd, but the jury found that not to be accurate, particularly given their failing to promptly spot and treat the infected toe. Nurses claimed to have noticed the wound, but not until it had turned black, developed a foul odor and was 4 centimeters by 5 centimeters. The jury ruled this a breach of the ordinary standard of care and that it played a substantial role in Mr. Byrd's premature death.
The Byrd family was awarded the exact amounts requested by Mr. Modesett during his final summations of the wrongful death lawsuit. Though Mr. Modesett left the figure for punitive damages to the jury's discretion, one of the jurors said he would have granted the family more than the $200,000 settled upon if the decision had been solely his. The juror cited the evidence brought by Mr. Modesett as proving gross negligence occurred, saying, "There was a lot more that could have been done for this man, and it was just absolute refusal to see a problem that is blatantly obvious."
Modesett Williams, PLLC is a firm of board certified trial lawyers, based in Austin, Texas. Jack Modesett is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Walter Williams is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. They have tried cases in dozens of Texas counties and throughout the United States.
Modesett Williams represents a broad range of litigation clients throughout Texas and the United States. For additional information, please call Jack Modesett at 512.472.6097.