BEAUMONT – After denying UPS a trial by jury, Judge Kent Walston, a district judge in Jefferson County, awarded the plaintiffs suing the company $27 million in damages for an auto collision that didn’t occur in Texas.
Court records show that UPS has appealed Walston’s decisions. The Ninth Court of Appeals has set oral arguments for June 17.
“This case involves claims for non-fatal and non-catastrophic injuries wrongly filed in Jefferson County, erroneously tried without a jury for untimely payment of $40, and resulting in an excessive judgment of over $27 million,” UPS’ appellate brief states.
“One is hard pressed to think of a situation in which a late payment of $40 would result in forfeiture of a constitutional right so sacred.”
The plaintiffs in the case are Allen Norris, Deloris Norris and Fabian Williams. In addition to UPS, Byron Bisor is also named as a defendant.
Court records show Bisor was driving a UPS truck in Louisiana when he struck vehicles belonging to Allen Norris and Williams. Because of the collision, Williams’ vehicle was forced into a vehicle being driven by Gregorio Flores.
“To fix venue in Jefferson County, Flores sued the blameless Williams, a Jefferson County resident,” UPS’ brief states.
Williams answered the suit and brought a cross-claim against Bisor and UPS. Allen Norris and his wife then intervened.
When the case went to trial, the Norrises and Williams were plaintiffs and Bisor and UPS the defendants. Flores resolved his claims before trial, court records show.
After denying UPS and Bisor a jury trial, Walston conducted a bench trial and then signed a final judgment awarding the plaintiffs a total of $27,141,206.98 in damages, court records show.
“This case should not have been tried in Jefferson County,” UPS’ brief states. “It should not have been tried without a jury.”
Walston presides over the 58th District Court.
UPS and Bisor are represented by the Houston law firms of Manning, Gosda & Arredondo and Wright Close & Barger.
The plaintiffs are represented by attorneys Paul “Chip” Ferguson and Larry Hunter of The Ferguson Law Firm, as well as Jonathan Healy of Packard LaPray.
Appeals case No. 09-19-00304-CV
Jefferson County District Court case No. A-201842