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Settlement reached in trial
Michael Phelps: "It was my worst nightmare four times over"
By Erin Boeckman
Wise County Messenger
Before the jury could return a verdict in the Phelps’ wrongful death case, a settlement was reached that attorneys said they hope will prevent future tragedy.
The seven-woman, five-man jury had been deliberating for two hours when attorneys announced they had reached an agreement in the case against Hanover Compression Limited Partnership and its employee Gerald Greer. Greer was the driver of a pickup that rear-ended a vehicle on Texas 114 on July 24, 2002. The collision killed Carolyn Phelps, 50, her daughter-in-law Dedrah Phelps, 26, and her two children Christopher Jordan, 6, and Alyssa Rene, 3.
“It was my worst nightmare four times over,” said Michael Phelps of Paradise, a plaintiff in the case who lost his mother, wife and children. “Our main objective was achieved, they gave me what I asked for.”
During closing arguments Monday, Derrick Boyd and Michael Simpson, attorneys for the plaintiffs, told the jury to place appropriate weight on Michael Phelps’ loss. Boyd asked the jury to consider $25 million for the loss of Michael Phelps’ family and the loss of Rhonda Hanson’s daughter, Dedrah Phelps.
Defense attorney Michael Steindorf said Greer admits fault and Hanover admits responsibility. However, he said that $25 million was not fair and reasonable. Instead, he asked the jury to consider $7 million for Phelps’ and Hanson’s losses.
Although dollar amounts for the settlement have not been disclosed pending finalization, the main objective achieved was Hanover’s undertaking of a new safety policy.
“The important thing was the safety issues at Hanover, and they’ve agreed to address those issues,” Simpson said.
Beginning in 2004 on the anniversary of the accident, Hanover’s Bridgeport office will begin a new safety program that will include guidelines on driver safety, work hours and fatigue, Simpson said. The program is then to be implemented company-wide.
“(Michael) always felt his family needed an answer for this,” Simpson said. “We can’t bring them back, but maybe it won’t happen again.”
Parties negotiated for two months before going to trial, but a settlement was never reached, Simpson said. The jury could have come back with a sizable award amount, but it could not have forced Hanover to review its safety policies.
Instead, Hanover acted responsibly and agreed to address its safety issues, Simpson said.
“I think we’re all glad this part is over with,” Simpson said. “But just because the case is over doesn’t mean it’s over for Michael.”
Although he’s hoping to go back to work at American Airlines soon, Phelps said he’s still taking it day-by-day. His faith has played a great part in being able to deal with his loss and the trial process, he said. He’s also had the support of his wife’s family, his church family and a counselor he sees weekly. Recently, Phelps has committed himself to finishing a T-ball field in Paradise to be dedicated in memory of his son, C.J.
“In 26 years of practice, this is the most emotional case I’ve been involved in,” Simpson said.
In the months leading up to the trial, Simpson said he and Phelps had many sessions that ended in tears. The accident is one that Simpson said affected a lot of people, including himself. As DPS troopers and other emergency personnel arrived on the scene, they saw one of their worst nightmares because they all had spouses and children, Simpson said. Both he and Phelps said the support those personnel and others in Wise County expressed toward Phelps was overwhelming.
During the next two months, the parameters of the settlement will be finalized, Simpson said. Also included will be settlements for Hanson, who sought damages for the loss of her daughter Dedrah Phelps, and Melissa Dokey and Michelle Phelps, who sought damages for the loss of their mother, Carolyn Phelps.
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