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Trial of Tragedy
Lawsuit seeks damages for accident which
claimed lives of four family members
By Erin Boeckman
Wise County Messenger
A car accident that took the lives of four people last summer is the subject of a lawsuit in the 271st district court in Decatur. Presentation of evidence ended Friday, and closing arguments and jury deliberations to decide responsibility for the accident will be Monday.
Michael Phelps of Paradise and his mother-in-law Rhonda Hanson of Haltom City are plaintiffs in a wrongful death suit against Gerald Greer of Chico and his employer Hanover Compression Limited Partnership. They are seeking compensatory and exemplary damages in district court for the loss of their family members.
The case centers around an accident that occurred July 24, 2002, when Greer rear-ended a vehicle on Texas 114, killing Phelps’ mother, Carolyn Phelps, 50, his wife Dedrah Phelps, 26, their son Christopher Jordan, 6, and their daughter Alyssa Rene, 3.
During opening arguments on Tuesday, Derrick Boyd — Phelps’ and Hanson’s attorney — said the evidence would show that Greer failed to take ordinary care and that his driving was negligent. Boyd said Greer failed to react and has told inconsistent stories to explain why. Boyd also suggested that because of the long hours Greer worked, he was fatigued while driving.
However, Charles Hurd, attorney for Greer and Hanover, said Greer’s explanation has remained consistent and that evidence will prove Greer was distracted by backhoe activity in a field nearby.
Also a part of this case are Melissa Dokey and Michelle Phelps of Abilene who are seeking damages from Greer and Hanover for the wrongful death of their mother, Carolyn Phelps.
In his testimony Friday, Greer said he was driving westbound on Texas 114 when he saw puffs of smoke near a house at the corner of Texas 114 and CR 3360. He looked toward the smoke, and when he looked back, his pickup was colliding with Phelps’ four-door Saturn. Dedrah Phelps was driving the vehicle and had stopped in the westbound lane to make a left turn onto 3360. The impact sent the vehicle more than 400 feet down the highway.
Although it was not listed as the cause of the accident on the report, one argument plaintiffs presented was that Greer, because he worked long hours for Hanover, was fatigued while driving, thus causing the accident. On July 23, 2002, the day before the accident, Greer’s time sheets showed him working 13 hours, which include a nine-hour shift and a four-hour call out. However, Greer said he got his usual seven and a half hours of sleep the night before the accident, and he was well rested.
During day two of the trial, attorneys questioned two people in charge of safety for Hanover. Both testified that there was no written fatigue policy in 2002, but that it was an understood rule for a worker to let a supervisor know if he or she were tired. George Christie, Greer’s supervisor at Hanover, said he discusses safety with his employees, and he tries to provide relief for his employees when they’ve worked long hours and are in need of rest.
During day three of the trial, the plaintiffs presented video-taped testimony of William Dement, a professor at Stanford University who specializes in sleep medicine and disorders. He said that in his opinion, Greer’s explanation of what happened was not adequate. He said that based on the circumstances surrounding the accident, Greer’s failure to see and avoid Phelps’ car had to be fatigue or lapse in consciousness. But Greer maintained that he was not fatigued or asleep at the wheel at the time of the accident.
The plaintiffs’ attorneys also brought into dispute Greer’s testimony that he was distracted by smoke and thus did not see Phelps’ car. He said he was distracted looking at the smoke on his right approximately 20 to 30 feet before the impact.
During the first day of the trial, video-taped testimony was shown of James Lovell, who was driving an 18-wheeler truck eastbound on Texas 114 and witnessed the accident. He said he was about 100 to 150 yards away when he saw the Phelps’ car stopped with its left turn signal on. Michael Simpson, attorney for the plaintiffs, said that given Lovell’s distance and speed, Phelps’ Saturn was stopped for at least six seconds while attempting to make a left turn. He said even if Greer had looked at smoke 20 to 30 feet before the impact, it does not explain why he did not see Phelps’ car.
Furthermore, both James Pewitt, one of Greer’s co-workers, and Trooper Chris Burns with the Texas Highway Patrol testified that they were at the scene of the wreck and saw no smoke on or near the road.
However, during his testimony Friday, Steven Barham, one of Greer’s co-workers, said he remembered seeing backhoe activity near the house at Texas 114 and CR 3360. The house had apparently burned the previous weekend, and Barham said they were using a backhoe to collect the remnants on the day of the accident.
In addition to evidence concerning the cause of the wreck, Michael Phelps and Hanson also took the stand to explain their relationships with Carol, Dedrah, C.J. and Alyssa Phelps.
During day two of the trial, Michael Phelps explained that he was driving to meet his family at an uncle’s house when he came upon the accident scene. After being told there were no survivors, he went to the funeral home to identify the bodies of his mother, wife and children. Attorneys then questioned Phelps about his life since the accident.
“I wish I was in a dream, a nightmare,” he said as he wiped his eyes with a folded tissue. “I miss coming home in the morning and hearing, ‘Daddy’s home.’ I miss the affection and just knowing they’re there.”
Phelps is now seeing Kenneth Fallin, a licensed counselor who testified to Phelps’ condition. He said Phelps has had vivid images of the bodies as they looked when he identified them. Fallin also said Phelps has difficulty sleeping and he avoids people, places and activities that bring recollections of his family or the accident. He was diagnosed with post traumatic stress disorder and major depression, Fallin said. He was also prescribed an anti-anxiety medication.
Fallin said he has also diagnosed Hanson with PTSD and depression. She too has reported anxiety and difficulty sleeping. Fallin said Hanson’s mental state is attributable to the fact that she viewed the accident scene and saw the bodies when her son-in-law identified them.
Hanson said her daughter Dedrah loved people and loved her children very much. She said what she misses most about her daughter is her telephone call every evening after she put her kids to bed, when they would talk about their day.
In addition to submitting summaries for the costs of funeral services, a certified earnings analyst gave the jury estimates of what Dedrah’s economic contributions to the household would have been if she had lived. If she had returned to the workforce as a full-time childcare worker until the age of 62, she would have earned $286,321. The estimated loss of household production estimated until the death of her husband Michael Phelps was $464,063.
Defense attorneys said Dedrah Phelps had only worked as a part-time cashier before the birth of her children, so it may not be reasonable to expect that she would work full-time. They also offered her W-2 forms from previous years. In 2000, the W-2 showed earnings of $600, earnings in 2001 were $1,500 and earnings in 2002 until the time of her death were $1,380.
Sam Reyes, attorney for Carolyn Phelps’ daughters Melissa Dokey and Michelle Phelps, also submitted a list of funeral expenses, and the two women testified about the loss they have experienced since the death of their mother. Carolyn Phelps had just moved to Texas from California about six years ago, and both daughters said they were making up for lost time by spending as much time as they could together.
“We were the only thing that mattered to her,” Dokey said as tears ran slowly down her cheeks.
Both Dokey and her sister have been seeing counselors, and they gave video-taped testimony about the emotional state of the sisters and the loss they have felt.
During cross-examination, defense attorney Hurd asked questions concerning how both sisters have been able to continue with their lives and work full-time, including Dokey’s recent promotion to a managerial position at her job.
Attorneys for the plaintiffs and defense will give closing arguments Monday morning, and then the court will give the jury its charge to deliberate.
CASE SETTLEMENT
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