BEAUMONT – A $27 million judgment against UPS was wiped by the Ninth Court of Appeals today, as justices have ordered the case be transferred out of Jefferson County.
After denying UPS a trial by jury, Judge Kent Walston, 58th District Court, awarded the plaintiffs suing the company $27 million in damages for an auto collision that didn’t occur in Texas.
UPS appealed, arguing the case was wrongly filed in Jefferson County and “erroneously” tried without a jury because of an untimely payment of $40.
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.
On appeal, UPS argued that Flores sued the “blameless” Williams, a Jefferson County resident, to fix venue in Jefferson County.
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.
The Ninth Court determined venue was not proper in Jefferson County.
“Because we conclude that venue was not proper in the county of suit and would have been proper in Harris County, the county to which UPS and Bisor sought transfer, we reverse the trial court’s judgment, order it set aside and remand the case to the trial court with instructions to transfer the case to Harris County, Texas, for a new trial,” the opinion states.
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