Brenda Higginbotham, Representative of Estate of Tommy Higginbotham, Deceased vs. Valley Forge Insurance Company
Nov 18, 2006OUTCOME: Verdict For Plaintiff - $1,232,000.00
Plaintiff was common law wife of Deceased, who was killed in trucking accident while on the job for his employer, a Nursery. Plaintiff had been previously married to deceased, but divorced several year ... s previous to his death. After the divorce, Plaintiff moved back in with Deceased and they represented themselves as husband and wife to others, including Deceased's employer. Valley Forge Insurance Company, the worker's compensation carrier for the employer denied the claim based upon the fact that they were not married at the time of his death. The Deceased's daughter also claimed benefits, alleging that Plaintiff was not really the common law wife of the Deceased. The case was tried before a jury and lasted one week. The jury returned a verdict in favor of Plaintiff in 4 minutes. The verdict awards lifetime death benefits to Plaintiff, provided that she does not remarry. Based upon the Deceased's average weekly wage, $565.00, and the life expectancy of Plaintiff, should Plaintiff live to the age of 74, the payout will be $1,232,000.00, or more, should she live longer. This verdict appears to be the highest reported workers' compensation verdict in Texas for the year 2006. The Court awarded plaintiff's attorneys a fee of 25% of the award. There was $84,412.00 in past due benefits due plaintiff. Attorney's fees were $21,103.00 out of the past due benefits. The remainder of the award will be paid out weekly in the amount of $510.64 for the life of the plaintiff, or, until she remarries. Out of that sum, Plaintiff will receive $382.68 a week. The attorney will receive $127.56 a week. The only case expenses were costs of court; the Court's judgment provided that the Defendant Insurance company pay all court costs.
