FBA Civil Jury Verdict Reporter – Issue 12 (October 2023)

The plaintiff, Maxus, is the owner of the Metropolitan, a multi-family apartment complex located at 2900 7th Ave. South in Birmingham, Alabama.  This case arises from an insurance coverage dispute relating to a two-alarm fire that occurred at the Metropolitan on September 27, 2018.  At the time of the fire, Maxus was insured under Travelers’ Builders Risk insurance policy.  Maxus contended at trial that the September 27, 2018, fire resulted in direct physical loss to the Metropolitan, which was covered under the Travelers policy but was not fully paid.  Travelers contended it had paid all amounts due to Maxus under the policy and that all other amounts were not owed under Travelers’ policy, primarily because they were not for direct physical loss to the Metropolitan caused by the subject fire.

Verdict: There were four verdict forms.
Verdict Form A: On plaintiff’s breach of contract claim for direct physical loss or damage to the Metropolitan caused by the fire for which Maxus had not been fully compensated, excluding any property damage caused by combustion products, the jury found in favor of the plaintiff.  The jury awarded $1,666,239.83 for rebuilding Phase 6 to its stage of construction at the time of the fire; $126,000.00 for water damage in Phase 5; $250,000.00 for water damage in Phases 1 through 4; and $3,868,772.88 in exterior damage to Phases 1 through 5.
Verdict Form B: On plaintiff’s breach of contract claim against defendant for direct physical loss or damage to the Metropolitan in the form of combustion byproducts caused by the subject fire, the jury found in favor of plaintiff and awarded $17,184,851.43.
Verdict Form C: On plaintiff’s breach of contract claim against defendant for business interruption to the Metropolitan caused by the subject fire, the jury found in favor of plaintiff and awarded $4,234,399.00.
Verdict Form D: On plaintiff’s claim for vexatious refusal to pay the claim, the jury found in favor of plaintiff.  The jury awarded a 20% penalty for the first $1,500.00; a 2% penalty for the remainder of the award; and an award of reasonable attorney’s fees.

Two of the defendant bank’s former directors, Qinghua “Josh” Zhang and Steven Craig Heiland, claimed race-based discrimination and retaliation in their employment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., as well as state common-law retaliatory termination.  Zhang contended that his race (Asian) was a motivating factor in his termination and that his employment was terminated in retaliation for his alleged internal complaints of race discrimination or whistleblowing.  Heiland contended that he was fired in retaliation for his alleged internal complaints of race discrimination or whistleblowing.

Verdict: The jury found in favor of the defendant on all claims. 

This was an employment case asserting both Title VII retaliation/42 U.S.C. § 1981 retaliation claims and a retaliation claim under the Missouri Human Rights Act.  Plaintiff claimed that his filing of the lawsuit was the but-for cause of/a motivating factor in defendant’s decision not to hire plaintiff for the Defensive Coordinator position.

Verdict: The jury found in favor of the defendant on all claims.

This was a § 1983 civil rights claim for failure to protect a prisoner’s civil rights.

Verdict: The jury found in favor of the plaintiff, awarding both actual and punitive damages.

Note: This was a bench trial.  Plaintiff brought this wrongful death action pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346, et seq.  The subject motor vehicle accident occurred on July 1, 2020, in the eastbound lane of 20th Street in Kansas City, Missouri, between Denver Avenue and Quincy Avenue.  The decedent, Tony Eujean White, was 15 years-old at the time of the wreck, and the action was brought by his adoptive mother.

Verdict: The jury found in favor of the plaintiff, found no comparative fault was attributable to decedent and awarded the following damages: $898,441.00 in pecuniary loss; $19,930.00 in medical bills; $10,340.00 in funeral and burial expenses for a total of $928,771.00 in economic damages; and $2,000,000.00 in non-economic damages for the “reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training and support” suffered by plaintiff for the loss of her son.  The total damages awarded were $2,928,771.00.

This case was brought by a trucking company, New Prime, against the defendant insurer.  One of New Prime’s truck drivers was in an accident with an automobile in Texas, which resulted in a multimillion-dollar judgment against New Prime following a jury trial in Texas.  New Prime alleged in this case that the defendant insurer breached its insurance policy by failing to pay New Prime the policy limits.  The insurer’s defense was that New Prime did not timely provide notice of the accident as required under the policy and that the insurer was prejudiced by the lack of notice.

Verdict: The jury found in favor of the plaintiff.

NOTE:  The Federal Bar Association Chapter for the Districts of Kansas and Western Missouri retains sole and complete responsibility for the content of this publication.  For questions or comments about this publication, contact Blake Shuart via e-mail at Blake.Shuart@huttonlaw.com.