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Jury Avenges Tort Reform in Business Litigation Case

Wayne Slater wrote an article for the Dallas Morning News in which he accurately describes the reasoning behind the $58 million verdict rendered against Perry Homes earlier this week. The jury was outraged by Perry Homes manipulation of the litigation process.

A retired couple, the Culls, sued Perry Homes over a decade ago. After engaging in pre-trial discovery, they decided to use arbitration to resolve the dispute. The arbiter awarded the couple $800,000. Perry appealed the arbitration decision through the state courts all the way to the Texas Supreme Court. Ultimately, the Texas Supreme Court vacated the arbiter's award stating that the Culls waived their rights to arbitration. The case was remanded to state district court for trial. Last week, over two years since the decision in the Texas Supreme Court, the Ft. Worth area jury spoke.

Perry Homes claims it is the victim of "jackpot justice" and vows an appeal. However, Perry's characterization ignores the fact that the Culls have been waiting over a decade for their day in court during which time the litigation process has cost them their savings and their health. They have had to live in a home with a broken foundation, cracked walls, windows that will not open and joists that move. Unfortunately, the Culls are not the only Texans worked over by the litigation process. Many other Texas have experienced the same business litigation process only to escape with less than full justice.

Bob Perry is one of the largest homebuilders in Texas. He is also on the largest donators to judicial and state political campaigns in Texas. He is a major figure in the effort to limit lawsuits and cap jury awards against business. According to the Dallas Morning News, he has donated to the judicial campaign of every judge on the Texas Supreme Court. In part, the twisted litigation process that allowed Perry Homes to work over the Culls was created by Bob Perry's political donations and ideas.

Despite all of its wealth and influence, a jury has held Perry Homes accountable for its actions against the Culls. Yet, it remains to be seen whether the Culls will ever receive a dime. The jury's verdict amount could be reduced by the trial court. If judicial errors were made, the verdict could be thrown out. The appellate review process could last for years. Only then can the Culls evalute whether it was worth it.