A Texas court has ordered a defendant to pay over $15 million for shooting his ex-girlfriend's boyfriend to death.
Facts and Allegations
On Valentine's Day, February 14, 2014, Joshua Gerber was shot and killed in Caddo Mills, Texas, by Joshua Newkirk, an ex-boyfriend of Mr. Gerber's girlfriend. Newkirk was convicted of murder and sentenced to 40 years in prison.
Mr. Gerber's mother and sons sued Newkirk for the intentional tort of assault, and sued his father – who owned the property where Newkirk had shot Mr. Gerber – on a theory of premises liability. Newkirk's father settled with the plaintiffs for $163,000, which was paid by his homeowner's insurance carrier, State Farm Insurance Company.
A bench trial was held against Newkirk, who did not appear.
Result
The court heard the plaintiffs' evidence, which took about 30 minutes, and awarded them $15,183,143.
The case is Gerber v. Newkirk, No. 82845 (Tex. D.Ct. Hunt Co. Jan. 31, 2018). Attorneys involved include: Grant Gerleman; The Turley Law Firm; Dallas, TX, for Ryu Gerber, Ayen Gerber, Valerie Gerber,Jennifer Gerber, Estate of Joshua Gerber; Lacey Turley Most; The Turley Law Firm; Dallas, TX, for Ryu Gerber, Ayen Gerber, Valerie Gerber,Jennifer Gerber, Estate of Joshua Gerber; Janice Wolff; Byrne, Cardenas & Aris LLP; Dallas, TX, for Redger Newkirk.
FC&S Legal Comment
This report is based on information that was provided by plaintiffs' counsel and Redger Newkirk's counsel.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
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