A federal jury in Jonesboro awarded about $9 million on Thursday to a Pocahontas woman who was seriously injured in an automobile accident on Aug. 7, 2012, while driving her three young sons on a Lawrence County highway.
The verdict followed a nine-day trial before U.S. Magistrate Judge Tom Ray. Because liability had already been admitted, the trial focused solely on the amount of damages due Kerry Hogland by Town & Country Grocer of Fredericktown, Mo.
Attorneys Roger Dreyer of Sacramento, Calif., and Brett McDaniel of Jonesboro, who represented Hogland, couldn't be reached Monday for details beyond what is outlined in court documents. A person answering the phone at the McDaniel firm said all comments on the case would have to come from Bobby McDaniel, who is Brett McDaniel's father and was unavailable.
Attorney Stuart P. Miller of the Mitchell, Williams, Selig and Gates firm in Little Rock represented the defendant but also couldn't be reached for comment on Monday.
According to a lawsuit filed on Sept. 30, 2013, and subsequent court documents, Kerry Hogland, then 36 and an ultrasound technician, was driving her 2006 Nissan Maxima east on Arkansas 412, with her three sons, ages 2, nearly 4, and 12, as passengers, when Douglas Eugene Bounds, an employee of Town & Country, was exiting U.S. 67 at an offramp onto Arkansas 412.
Bounds, driving a 2009 Chevrolet van owned by the company, failed to stop at a stop sign, broadsiding the Nissan and "launching it across three lanes and into a field," where it came to rest. Hogland and her sons, the oldest of which was in the front seat with her, all were injured. All were wearing seat belts or were in car seats.
Kerry Hogland suffered the worst injuries, and had to undergo brain surgery, according to documents. The documents indicate she suffered permanent cognitive injuries but was able to return to her job on a part-time basis. She sued on her own behalf and as the guardian of three children, who are identified only by their initials in the lawsuit. Hogland's husband at the time, Charles, was also listed as a plaintiff originally. However, court documents show the couple divorced after the accident, and Charles Hogland later dropped his claim.
The lawsuit alleged that Town & Country "negligently hired, trained, and/or supervised" Bounds "in such a fashion as to cause and/or contribute" to the accident.
The suit sought damages for past and future medical expenses, past and future loss of income, loss of ability to provide household services, property damages, physical and mental suffering and emotional distress. Damages were also sought on behalf of each child.
According to verdict forms, Kerry Hogland was awarded $6.5 million for pain and suffering and mental anguish, both past and future; $1.4 million for the value of lost future earnings; $321,755.80 for past medical care; $300,000 for future medical care; $50,000 for the loss of past earnings; $50,000 for scars and visible results of her injuries; $48,720 for future help needed in her home as a result of her injuries; $34,259.08 for future medical expenses for her son, and $10,000 for help in her home necessitated by her injuries, for a total of $8,714,790.88.
A separate verdict form awarded $450,000 to Hogland's oldest son for his pain, suffering and mental anguish, and $25,000 for his scars and visible results of his injuries, for a total of $475,000.
The two verdict forms together totalled more than $9.1 million in damages.
Court documents show that the parties settled claims on behalf of the two other boys for about $10,000 apiece.
Metro on 08/25/2015