Elderly Couple Hit by Tractor Trailer

Full Case Name:

Kathleen Bohne and David Ross, Independent Executor of the Estate of Robert E. Bohne v. Enviroclean Management Services Inc. and Turner Bruce Yarbrough

Court:

Dallas County Court at Law No. 5

Case Number:

No. 05-04255-E (5/17/2007)

Judge/Mediator/Arbitrator:

Mark Greenberg

Significant Legal Issues or Holdings:

Plaintiff Characteristics:  age, work history, earnings, family, etc.

Robert Bohne

Age:77

Occupation: Retired

Gender: Male

Married: Yes

Kathleen Bohne

Age: 84

Occupation: Retired

Gender: Female

Married: Yes

Liability Facts:

On Aug. 12, 2004, Robert Bohne was traveling west on the LBJ Freeway in Dallas when he was involved in a multi-vehicle collision, resulting in his car overturning. The collision also involved Turner Bruce Yarbrough, who was driving a tractor-trailer that contained hazardous waste and owned by Enviroclean Management Services.

Kathleen Bohne sued Enviroclean Management Services Inc. and Turner Bruce Yarbrough.   She claimed gross negligence against Yarbrough, and negligence and breach of duty against Enviroclean and Yarbrough.

Kathleen Bohne claimed that Yarbrough ran into a line of cars that included Bohne's. She argued that Yarbrough failed  to control his speed, keep a proper lookout, make a timely application of his brakes and take proper evasive action to avoid the collision. Moreover, counsel argued that Yarbrough was impaired due to long-term and recent usage of crack cocaine and sleep deprivation.  He tested positive for cocaine use after the accident. Bohne maintained that Enviroclean did not make Yarbrough take a drug test before they employed him nor did they conduct random drug testing afterward. They also did not investigate his background, Bohne argued, which included driver's license suspensions and stints in drug rehabilitation for a cocaine addiction.

Yarbrough and Enviroclean argued that the accident was caused by an unidentified tractor-trailer. In addition, they maintained that Yarbrough originally was hired as a warehouse worker and therefore was not subjected to the background testing required for a commercial truck driver.

Describe Physical Injuries by Plaintiff:

Robert Bohne suffered serious injuries in the crash including multiple broken ribs, broken vertebrae, a traumatic brain injury, a collapsed lung and various other internal injuries.  He never left the hospital and died from complications caused by his injuries 162 days later. Counsel asked the jury for whatever it deemed fair and reasonable.

Describe Special Damages by Plaintiff:

Plaintiff Experts & Specialty (Name/Address/Phone)

Steve Irwin, Accident Reconstructionist

Lynn Shirey, Analytical Chemist

Wayne Snodgrass, MD, Ph.D, Toxicologist

George Beaulieu, Trucking Operations

Scott Wood, MD, Pulmonologist

Defense Experts & Specialty (Name/Address/Phone)

William Miller, Jr., Accident Reconstructionist

Comments:  (Please add additional page(s) if necessary)

Plaintiff Attorney(s)

Frank L. Branson, Lead Counsel, joined by Debbie D. Branson, Michael G. Guajardo, and Thomas J. Farmer, The Law Offices of Frank L. Branson, P.C., Dallas, TX (Estate of Robert Bohne, Kathleen Bohne)

Defense Attorney(s)

Tom Fee, Michael Sharp, Andrew Woodward (Fee, Smith, Sharp & Vitullo, Dallas, TX)

As submitting plaintiff’s attorney, based on historical data in my files, it is my belief that the facts contained herein are accurate.  APITLAmerica® has requested and I am giving permission for it to use this case in its website and newsletters to other attorneys. 

Submitted by:

Plaintiff Attorney:

Frank L. Branson

Phone: 214-522-0200                 Fax: 214-521-5485

Address:

Highland Park Place, Suite 1800

4514 Cole Avenue

Email Address:

flbranson@flbranson.com

City/State/Zip

Dallas, Texas 75205

SIGNATURE:



Putting the Brakes on Unsafe Trucking Companies