Stephen Miller vs. Luis Daniel Olivo and Robbins Chevrolet Company

Case Background

On October 21, 2021, Plaintiff  Nancy Miller filed a Negligence case in the Harris County District Court, Texas State(Case number: 2021-70273). Tanya Garrison presided over this case.

Cause

In April 2021, Olivo, a newly licensed driver with only a year of experience, was instructed to take a Camaro, recently serviced for a brake job, for a test drive to burnish the brakes. This process required the vehicle to make several stops to allow the brake pads and rotors to become acquainted. After the collision, Olivo immediately called his supervisor instead of the police. The supervisor arrived at the scene before the police and claimed that he was with Olivo during the drive and that Olivo had been driving safely. Despite attempts to schedule the supervisor’s deposition, he failed to attend both times. The plaintiffs’ attorneys argued that the supervisor had lied about the events leading up to the collision. Although the police traffic report was not entered into evidence, the judge allowed the plaintiffs to present the supervisor’s alleged false statements to the jury.

Injuries

Stephen Miller, the plaintiff, sustained a broken arm and a leg laceration following the collision. He was also allegedly diagnosed with a traumatic brain injury (TBI). Miller had several underlying health conditions, including diabetes, congestive heart failure, and kidney disease. The injuries from the accident further complicated Miller’s underlying conditions. Medical providers documented his traumatic brain injury over several months, describing his medical journey as harrowing. Due to the severity of his injuries, Miller spent nearly the entire following year confined to a hospital bed or an assisted living facility. He passed away on April 29, 2022. Doctors attributed his death to complications from the injuries sustained in the crash.

Damages

Miller’s estate sought damages for past physical pain, past mental anguish, physical impairment, and disfigurement due to the collision. Additionally, the estate sought punitive damages for the pain and suffering Miller endured in the months following the crash. Although the defense admitted liability for the arm and leg injuries, they denied that Miller had suffered a traumatic brain injury. Plaintiffs’ counsel chose to nonsuit the claim for medical expenses, which amounted to approximately $69,000, to avoid presenting this figure to the jury. Instead, they focused on seeking substantial compensation for the emotional and physical distress Miller experienced in his final months of life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Stephen Miller | Nancy Miller
    • Counsel for Plaintiff: Ryan MacLeod | Brett Hargis
    • Experts for Plaintiff(s): Desh Sahni, M.D
  • Defendant(s): Luis Daniel Olivo | Robbins Chevrolet Company
    • Counsel for Defendants: Brandon C. Rees | Cory S. Reed
    • Experts for Defendant(s): Ernest P. Chiodo, M.D., J.D

Claims

Plaintiffs’ counsel, led by MacLeod, argued that Miller’s brain injury was well-documented and that he faced an extremely difficult medical course after the crash, which resulted in prolonged suffering.

Defense

The defense argued that there was no negligence per se, negligent entrustment, negligent hiring, or training, and no gross negligence involved in the incident. They moved for a partial directed verdict, asserting that Robbins Chevrolet employee Luis Olivo’s actions did not demonstrate an extreme degree of risk. Even if it were proven that the accident occurred due to Olivo speeding, the defense contended that this constituted only ordinary negligence. They argued that it was not gross negligence or any form of serious wrongdoing. The defense emphasized that Olivo was not engaged in reckless or dangerous behavior. Therefore, they claimed he should not be held liable for the severe damages claimed by the plaintiffs.

Expert Testimony

Plaintiffs presented expert testimony from Dr. Desh Sahni, a neurosurgeon specializing in traumatic brain injuries. Dr. Sahni confirmed that Miller’s brain injury was severe and long-lasting. The defense, however, presented Dr. Ernest Chiodo, an internal medicine doctor and attorney. The jury noted that Dr. Chiodo lacked certification in brain injuries.

Jury Verdict

On April 18, 2024, the jury found in favor of the plaintiff, awarding Nancy Miller a total of $12,600,000 in damages. The jury determined that Luis Olivo was 80 percent responsible for the accident. They found Stephen Miller 20 percent at fault. The jury also found Robbins Chevrolet liable for negligent training, negligent supervision, and gross negligence. As a result, they awarded $2,000,000 for past physical impairment. They awarded $5,000,000 in punitive exemplary damages. The jury also awarded $100,000 for past disfigurement, $2,000,000 for past physical pain, and $3,500,000 for past mental anguish in this negligence case.

Court Documents:

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