Bob "Swift Boat" Perry loses $47Million decade old case!!!!

[johncoby2]

http://bayareahouston.blogspot.com/2010/03/justice-served-bob-perry-loses-10-year.html

Two years ago Bob and Jane Cull won an arbitration against Bob "Swift Boat" Perry for over $750,000 for a detective home built in the Fort Worth area.. Bob Perry and his team of lawyers appealed the "final" arbitration all the way to the Texas Supreme Court. His investment in the Court paid off, the arbitration award was reversed and the case sent back to court. Today the jury spoke!

The jury voted 12-0 in favor of the Cull's on 31 of 33 counts. The award is in the millions. (exact amount to be verified tomorrow). After hearing all the evidence like the arbitrator did, the jury has stuck a dagger in the greedy heart of Bob Perry and his minions. He got what he paid for with the Supreme Court, but he couldn't donate enough money to sway the jury.

UPDATE: $7million in actual damages. $40 Million in punitive!!!

Thanks to Bob and Jane Cull for their decade long fight to stand up to the powerful and corrupt of this country!

[sendero]

1. AWESOME!...

.... this maggot deserved to be bankrupted.

[UTUSN]

2. K&R big #6 !1 n/t

[Ernesto]

3. PERFECT!

[supernova]

4. Sometimes justice works

[dixiegrrrrl]

5. Whoo Whoo...Karma Train arrives !!!

[wroberts189]

10. Yea but I'll be damned if that train not always very late...

Although with Acorn vs. OKeefe and other rw dirty tricksters it has been getting better.

[bullwinkle428]

6. Gee, I wonder why Repubs have such a hard-on for "tort reform"?

"ZOMG!!1! WE MUST PROTECT OUR BASE!1!!!"

[notadmblnd]

7. will it bankrupt him?

[chill_wind]

8. Kudos to that jury. K & R. n/t

[wroberts189]

9. He can just appeal again ..can he not? nt

[Joe Bacon]

17. He sure can appeal it!

And he bought off enough Supreme Court judges to throw this out.

[wroberts189]

18. sigh... thx/nt

[SpiralHawk]

11. Perry's Republicon Family Values are, as usual, putrid

eom

[Sanity Claws]

12. More appeals ahead

I hope the jury award and legal fees bankrupt the bastard

[JHB]

13. What's a "detective home"?

221b Baker St.?
The Batcave?

[mopinko]

22. +1

[BrklynLiberal]

43. lol....

I read that several times before I got what it was supposed to be...but I like your options better.

[TexasObserver]

14. First, they have to get the judge to sign a judgment.

Jury answers to special issues may be $7 million actuals and $40 million punitives, but that doesn't mean the court will accept those numbers for a judgment. Jury findings are not a judgment. They're fact findings that the judge may not accept.

There's an indication the plaintiffs won 31 of 33 special issues, but we have to know which ones. Each element of the case must be met for there to be a judgment, and the economic damages found have to be supported by the evidence.

It's hard to imagine how this will become a judgment at the numbers found by the jury. The $7 million in actual damages for a home construction problem sounds ludricrous on its face, and $40 million in punitives ain't gonna happen.

The judge can (1) order a new trial, or (2) order a judgment on the verdict, with the $7 million and $40 million numbers (although I think there's little chance of that), or (3) tell the plaintiffs he'll give them a judgment of some reduced amount. I'll be surprised if this case results in a judgment in excess of $5 million. Even then, it could get reversed on appeal.

The key is getting a judgment entered by the trial judge, because once the judgment is entered, Perry has to get a bond to back up his appeal, to keep the plaintiffs from executing against Perry's assets while the case is on appeal. If the plaintiffs' attorney can get a judgment entered of, say, $5 million, he will probably be in a position to prevail upon Perry's insurers to settle the case. They're not going to want to risk losing more than that if they can close the books on this one. They've already been through an appeal for a much lesser number.

I hope the plaintiffs get a big judgment and collect it, but their damages must have a rational relationship to the case, and it's hard to see how one comes up with the numbers in the jury verdict.

Most people don't realize the famous McDonald's spilled scalding coffee case never resulted in millions to the little lady who "won millions" in the case. The judge remitted most of the verdict, and she ended up grossing under $500,000, before expenses and attorneys' fees. These news splashes about big jury verdicts often serve only to inflame the public about run away juries, particularly where the numbers found appear to have little relationship to real damages a plaintiff might suffer. How in the world can a couple have $7 million in damages from living in any house?

[Vinnie From Indy]

15. Yep!

Those numbers will never stand. Still, it is fun to know this dumbass is getting some bad publicity.

[TexasObserver]

16. Indeed. Don't get me wrong. I'd like to see Perry twist in the wind.

First fight in a case like this: what evidence can plaintiffs get in front of the jury?

Next fight: What issues will be submitted to the jury via the special issues/charge the judge gives them?

Next fight: Getting the special issues answers by the jury made into a judgment by the judge.

Next fight: Defending the judgment on appeal.

[wolfgangmo]

24. Still...

...$7 million in actual damages against Perry Homes,
$7 million in actual damages against Warranty Underwriters Insurance Company (WUIC),
$40 million in punitive/exemplary damages against Perry Homes, and
$4 million in punitive/examplary damages against WUIC.


If they get only a part of this and if the insurance settles... well they may do OK. As for the question you had of how could someone suffer $7 Milliion in damages from a house. I just spit balling here, but how about if we add up the original costs of the home, the costs of maintaining it (assuming it can't sell and it can't if it's embroiled in a court case), the cost of moving (because the house is clearly substandard if "old swiftboat" built the damn thing, the cost of a new house, the cost of 2 mortgages, the cost of liquidating retirement saving to cover costs (lost income and penalties).

I could see where it would add up.

I hope they shove that huge award up his repub ass with a pitchfork. Just sayin'. I'm sure him and his fascist wife are perfectly fine folks in a baby eating, Satan worshiping kind of way

[TexasObserver]

32. I hope they get as much of it as they can.

I have a hard time imagining how they could have evidence of over $2 million in actual damages from this whole thing. Even if it is the Amityville Horror house, I can't see how they can aggregate actual damages anywhere in excess of a million or so.

It probably will get settled, and it will likely be a settlement in excess of one million. There's an old saying. Don't violate the pig rule. It means don't get greedy. I can't see a court signing a judgment for $50 million. I can see a court signing a judgment for $5 million. Obviously, the higher the judgment, the higher the pressure on defendants to pony up with enough cash to get it settled without completing the appeal.

I hate Perry and this couldn't happen to a more appropriate ass. I hope they get all they can.

[rasputin1952]

31. While these judgements rarely stand...

it will be interesting to see how the Perry team handles this. I can't see Cull going under $750,000, and most likely;y, w/good lawyers, that will be considerably higher.

Thing is, he's going to pay something, even if it is insurance...(fat chance of him getting insured again, which should put him out of business), and having to put up bond, tying up that cash will hurt him.

Just watching him in pain does my heart good...:D

[TexasObserver]

34. I agree. Any way you slice this, it will cost Perry over one million.

If the plaintiffs fashion their judgment in contract or DTPA, rather than negligence, they could leave Perry twisting in the wind. Insurance covers negligence, not breach of contract, not fraud, not DTPA violations.

I would want to pressure Perry's attorneys to demand that the insurer settle now, before a judgment is even entered. Let Perry know that plaintiffs getting a judgment for DTPA instead of negligence was a possibility. That would drive a huge wedge between Perry and his CGL insurer. The CGL insurer would know that they get off the hook if there's no judgment for negligence. Of course, that judgment would be against Perry, and his assets would on the line.

The plaintiffs, if they wanted, could fashion the judgment so that Perry's insurance will not cover the judgment costs to Perry. That's a big hammer to use on Perry to get Perry to force the insurer to pay more of the settlement than they would otherwise. You want the target defendant and their insurer fighting at this point, so that the target is demanding the insurer pay whatever it takes to make the case go away. And you want the Perry insurer telling Perry that the case is about fraud or breach of contract, not negligence.

[rasputin1952]

38. I think it's fine that he'll wind up paying one way or the other...

his legal costs must be astronomical...:D

[wroberts189]

19. That was interesting ... so it all depends on the judges next move. thx/nt .

[TexasObserver]

20. Yes. A jury verdict is not a judgment, although it is the basis for one.

It is possible to submit to a jury alternative theories of a case. For example, there will be a set of questions which are designed to determine if there was negligence, if that negligence caused the injury, and what the monetary damages are associated with that injury. There may be another set of questions based not upon a cause of action for negligence, but for breach of contract. Then there will be the damages associated with that set of questions. Then there may be a set of questions designed to determine if there is a valid case for civil fraud, or one for violations of the Deceptive Trade Practices Act.

Think of it like this:

Section of questions about:

Negligence
Breach of Contract
Civil Fraud
DTPA violations
Damages to plaintiffs

Once a jury has answered these questions, the plaintiff's attorney will study the answers to make certain the elements of the causes of action are solid. The plaintiff must make an election before getting a judgment. He must elect which cause of action, which theory of the case, he will use to craft a judgment. If he goes for negligence, he won't get attorneys fees awarded. If he goes for breach of contract or DTPA, he will get attorneys fees awarded. (The attorney gets paid either way, so the award of attorneys fees benefits the plaintiff and their attorney, but it may mean no punitive damages are awardable, unless via the DTPA.)

The plaintiff's attorney has to study the jury's verdict, determine which theory of the case is most winnable on appeal, most supported by the evidence, most economically productive, and most likely to bring about the desired payday. He then has to convince the judge to enter his proposed judgment on the verdict. Meanwhile, his opponent will first try to get a new trial in the interests of justice, and not getting that, will ask for a JNOV - a judgment not withstanding the verdict. The court will probably deny those motions, will enter a judgment on the verdict, but won't give the plaintiffs the high damages they seek.

Typically, the plaintiffs' attorney tells the jury the numbers he wants used to answer the damages, but sometimes the jury goes off the script and picks some huge number on their own. I am interested in knowing what numbers the plaintiffs' attorney told the jury he wanted to see in their answers during his closing argument. I suspect the numbers the jury used were not suggested by the plaintiffs' attorney. It's difficult to imagine how they could have come up with over $2 million in actual damages, or how the plaintiffs' attorney could ask for more than $5-6 million in punitives with a straight face. This sounds like the jury had an angry foreperson out to teach home builders a lesson.

I think there's zero chance a $47 million judgment gets entered by the court.

[Manifestor_of_Light]

45. DTPA means treble damages.

And punitives are to sock 'em between the eyes with a two by four, like a mule, to get their attention.


(Broken down court reporter here, South Texas College of Law, Houston, 1985.....)

[joeybee12]

21. KNR!!

[onethatcares]

23. wow, may it hold up and may they , the Culls, stay safe

Remember we all thought Exxon was going to pay the natives for their losses in Alaska.

[fascisthunter]

25. good

[DebbieCDC]

26. Hooray! Smack that sucker down big time

[Ikonoklast]

27. Arrogant prick thought he could buy anything.

Including a state supreme court.


Hope he ends up homeless and broke; just like those he sold defective homes to.

[greiner3]

28. As to 'will it bankrupt him;'

I guess it would imagine how the company is incorporated and how the jury's instructions were, whether it sued perry or the corp. This from a non-attorney (of which my parents are proud of).

[mistertrickster]

29. Awww, that's so sad. But remember this is Texas. A handshake holding a big wad of cash

can undo lots of court decisions.

[DesertDiamond]

30. Wooooooo Hoooooo! Happy dance here!

[NashVegas]

33. It Couldn't Happen to a Nicer Guy

...

[Enthusiast]

35. I don't know Bob "Swift Boat" Perry

but no penalty is great enough for him.

[earth mom]

36. Karma. It's a good thing.

:evilgrin:

[mudplanet]

37. there is a god

[Grand Taurean]

39. Justice for Bob Perry requires that he ends up living

under the railroad tracks in a run down gang ridden neighborhood!

[wial]

40. lately one or two

have fully paid their due!!

[whistler162]

41. " detective home built" Columbo or Poirot?

[BrklynLiberal]

42. I sure hope they take his last dollar...

[sonias]

44. You know you have to add the potential for an appeal

I am cautiously happy for the Culls. I admire their commitment and they deserve justice. But you know that bob perry has deep pockets John, and this will be appealed again. And it will eventually go back to the TX Supremes who are in bob perry's back pocket.

I really want to believe the Culls will get justice one day, but I'm also very afraid for them.

I'll toast to them tonight :toast: because at least for now they have justice.

[LiberalPC]

46. Yes!!!!!

[AsahinaKimi]

47. I guess there is some justice in the world

Or its just simply Karma.