Ball v Alleyton Judgement Affirmed by Texas Fourteenth Court of Appeals
On June 3rd, 2021 The Texas Fourteenth Court of Appeals affirmed a $1.7 million dollar judgement in favor of Doyle Dennis Avery LLP ’s client Joseph Ball against Alleyton Resource Company LLC. Doyle Dennis Avery LLP ’s team of attorneys in Ball v. Alleyton Resource Company LLC had successfully presented the case to a Fort Bend County District Court Jury who on July 26,2019 awarded Mr. Ball with $1,706,187 in damages, including $164,168 in past wages, $675,519 in future lost wages, $100,000 in past mental anguish, $16,500 in future mental anguish, and $750,000 in punitive damages. The judgement also will come with a substantial amount of interest owed on the $1.7 million dollar judgement over the last couple years. The jury found that Alleyton Resources retaliated and wrongfully terminated Mr. Ball for instituting procedures under the Texas Worker’s Compensation Act.
Doyle Dennis Avery LLP ’s client drove a ready-mix concrete truck and worked for Alleyton for nearly a decade. After suffering a workplace injury, Mr. Ball instituted worker’s compensation proceedings. As a result, Doyle Dennis Avery LLP ’s client was fired. Doyle Dennis Avery LLP ’s team presented evidence in the prior trial that Alleyton Resource Company LLC violated its internal policies, concealed the reason for Ball’s termination, contradicted its basis for the firing, and failed to timely and accurately document the termination.
The Fourteenth Court of Appeals found no error in the previous jury trial and their final judgement in Ball v Alleyton. It further rejected Alleyton’s arguments such as that the admissible evidence is factually insufficient to support the jury’s findings that Alleyton terminated Ball because he had instituted a proceeding under the Texas workers’ compensation statute. Alleyton also asserted that a trial court abused its discretion when it admitted the claims diary into evidence over a hearsay objection, but this argument too was rejected by the Appeals Court. Furthermore, Alleyton in their appeal objected to the jury’s exemplary damages award and its inability to offer certain instructions in the jury charge. The Texas Fourteenth Court of Appeals further rejected these arguments in upholding the prior judgement in favor of Doyle Dennis Avery LLP ’s client.
Doyle Dennis Avery LLP ’s client will now be owed not only the initial $1.7 million dollar judgement but also significant interest earned on that amount as well. Doyle Dennis Avery LLP ’s team of experienced trial attorneys and staff are proud of their work once again in helping their clients receive adequate compensation and financial support after a life changing work accident. Doyle Dennis Avery LLP is proud of their track record in not just this case but the hundreds of cases over previous decades successfully pursued by our team. If you suffer a workplace injury then are retaliated against as a result, please contact the experienced trial attorneys at Doyle Dennis Avery LLP to help you pursue the justice you deserve. Our team is eager to continue fighting for clients we believe in their quest for justice. Call today and schedule a free consultation with our team of experienced trial attorneys!
