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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
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Court:
Dallas County Court at Law No. 5
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Case Number:
No. 05-04255-E (5/17/2007)
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Judge/Mediator/Arbitrator:
Mark Greenberg
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Significant Legal Issues or Holdings:
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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
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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.
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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.
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Describe Special Damages by Plaintiff:
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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
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Defense Experts & Specialty (Name/Address/Phone)
William Miller, Jr., Accident Reconstructionist
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Comments: (Please add additional page(s) if necessary)
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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)
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Defense Attorney(s)
Tom Fee, Michael Sharp, Andrew Woodward (Fee, Smith, Sharp & Vitullo, Dallas,
TX)
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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.
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Submitted by:
Plaintiff Attorney:
Frank L. Branson
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Phone: 214-522-0200
Fax: 214-521-5485
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Address:
Highland Park Place, Suite 1800
4514 Cole Avenue
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Email Address:
flbranson@flbranson.com
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City/State/Zip
Dallas, Texas 75205
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SIGNATURE:
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