$10.8 Million Verdict--DTPA, Contract, & Fraud- 2010
Christina Viesca et al vs. Business Staffing, Incorporated, et al Carl J. Kolb was lead trial counsel, assisted by Robert M. Stone for Christina Viesca and E. Wayne Shuffield for Wiley Leasing Co, Ltd. The court entered judgment for approximately $9,000,000. At this time, the judgment is on appeal to the Fourth Court of Appeals in San Antonio. The oral arguments have occurred and the case has been submitted for opinion. As a result, the clients have not received any payment from the defendants at this time.
On October 22, 2005, Hector Viesca was killed on the job while working for Business Staffing, Inc. ("BSI"), a staff leasing company, and Wiley, an oilfield operator. Viesca's wrongful death beneficiaries filed suit against BSI and Wiley for wrongful death. It was determined, to Wiley's surprise, that Wiley was not covered by a statutory workers' compensation policy as was required in the staff leasing agreement between Wiley and BSI. Wiley settled with Viesca for $100,000.00 plus an assignment of 2/3 of any money recovered by Wiley against BSI. Wiley and Viesca then became co-plaintiffs against BSI. Carl J. Kolb was brought into the case to represent Wiley, and presented most of the evidence that proved both Wiley's and Viesca's case against BSI. BSI offered to settle the Viesca claim for $995,000.00. The offer was rejected because the statutory workers' compensation policy that was promised, but not provided, would have paid $1,600,000.00. Wiley sought recovery of all payments to BSI under the staff leasing agreement, plus recoupment of the $150,000.00 paid to settle with Viesca, plus additional damages, in the aggregate sum of $1,223,270.00. Viesca sought the $1.6 Million statutory workers' compensation benefits that were due, plus additional damages. A unanimous jury found fraud, breach of contract, and deceptive trade practices, and awarded Wiley $1,223,270.00 actual damages plus additional damages of $3,669,810.00, and awarded Viesca $1,600,000.00 in actual damages and $4,800,000.00 additional damages, for a verdict of approximately $10.8 Million. Judgment was entered for approximately $9,000,000.00. On appeal, the San Antonio Court of Appeals reduced the judgment by approximately $1.6 Million, and otherwise affirmed the trial court's judgment. See Business Staffing, Inc. v. Viesca, 394 S.W. 3d 733 (Tex. App.--San Antonio 2012 no pet.). A receivership order was then entered under which the judgment is still being collected. Total payments to date are $1.8 Million. After attorneys' fees and expenses of $629,600.00, the net recovery to clients is $944,400.00, as of 12/1/22.
The case is reported in Zarin's Jury Verdict Review & Analysis, Inc., and may be found at the following link:
http://www.jvra.com/AsSeenAtJVR.aspx?ref=A75F22D9-E263-4B6D-B604-7E967459FD2B \
On October 22, 2005, Hector Viesca was killed on the job while working for Business Staffing, Inc. ("BSI"), a staff leasing company, and Wiley, an oilfield operator. Viesca's wrongful death beneficiaries filed suit against BSI and Wiley for wrongful death. It was determined, to Wiley's surprise, that Wiley was not covered by a statutory workers' compensation policy as was required in the staff leasing agreement between Wiley and BSI. Wiley settled with Viesca for $100,000.00 plus an assignment of 2/3 of any money recovered by Wiley against BSI. Wiley and Viesca then became co-plaintiffs against BSI. Carl J. Kolb was brought into the case to represent Wiley, and presented most of the evidence that proved both Wiley's and Viesca's case against BSI. BSI offered to settle the Viesca claim for $995,000.00. The offer was rejected because the statutory workers' compensation policy that was promised, but not provided, would have paid $1,600,000.00. Wiley sought recovery of all payments to BSI under the staff leasing agreement, plus recoupment of the $150,000.00 paid to settle with Viesca, plus additional damages, in the aggregate sum of $1,223,270.00. Viesca sought the $1.6 Million statutory workers' compensation benefits that were due, plus additional damages. A unanimous jury found fraud, breach of contract, and deceptive trade practices, and awarded Wiley $1,223,270.00 actual damages plus additional damages of $3,669,810.00, and awarded Viesca $1,600,000.00 in actual damages and $4,800,000.00 additional damages, for a verdict of approximately $10.8 Million. Judgment was entered for approximately $9,000,000.00. On appeal, the San Antonio Court of Appeals reduced the judgment by approximately $1.6 Million, and otherwise affirmed the trial court's judgment. See Business Staffing, Inc. v. Viesca, 394 S.W. 3d 733 (Tex. App.--San Antonio 2012 no pet.). A receivership order was then entered under which the judgment is still being collected. Total payments to date are $1.8 Million. After attorneys' fees and expenses of $629,600.00, the net recovery to clients is $944,400.00, as of 12/1/22.
The case is reported in Zarin's Jury Verdict Review & Analysis, Inc., and may be found at the following link:
http://www.jvra.com/AsSeenAtJVR.aspx?ref=A75F22D9-E263-4B6D-B604-7E967459FD2B \