Texas Jury Rejects Plaintiff’s Requested Damages in Car Accident Case: Tyson & Mendes Saves Client Nearly a Half-Million Dollars

Texas Jury Rejects Plaintiff’s Requested Damages in Car Accident Case: Tyson & Mendes Saves Client Nearly a Half-Million Dollars

San Antonio, Texas (February 21, 2024)Marking another victory for nationwide insurance and civil litigation defense firm Tyson & Mendes LLP, a jury chose not to award the plaintiff any damages in a nearly half-million-dollar car accident case.

Robert Burns, Jr. v. Gail Thomas McKenna involved a moderate-impact car accident in an intersection in Boerne, Texas, outside of San Antonio. A 79-year-old defendant failed to yield the right of way while turning right, colliding with another vehicle driven by a 33-year-old driver, the plaintiff. The plaintiff claimed extensive medical damages after obtaining chiropractic care, pain management, and ultimately surgery to his lower back. As a result, the plaintiff incurred over $100,000 in medical expenses.

In closing arguments, the plaintiff asked the jury for nearly half a million dollars in damages. In contrast, the Tyson & Mendes team who defended the case urged jurors to award $65,000 or less, and accepted responsibility for the accident. The jury found both parties were negligent, attributing 90-percent fault to the defendant. Even so, the jury chose not to award any damages to the plaintiff.

Stephen Haynes, a partner, and Sarah Lux, an associate, both in the Tyson & Mendes’ San Antonio office, represented the defendant at trial, which took place in District Court, in Kendall County, Texas. Haynes noted Tyson & Mendes’ themes of responsibility and common sense helped convince the jury to return no damages, even while assessing fault to the defendant.

“From the start, my client had accepted responsibility for her role in the accident. We gave a number of $65,000 or less during opening statement, even though we believed the plaintiff wrongly attributed his injuries to this accident,” said Haynes. “Throughout trial, we asked the jury to use their common sense in evaluating the evidence and whether it was likely that this accident caused the need for surgery when plaintiff had a prior history of low back pain. While we extend our sympathies to the plaintiff, we are pleased jurors agreed the accident wasn’t the cause of his medical issues, and they withheld damages.”

Haynes says his client’s pretrial offers had been rejected by the plaintiff. The outcome showcases the power of accepting responsibility and giving a number for the defense.

Serving 21 states nationwide, Tyson & Mendes is one of the fastest growing civil defense firms in the U.S. and is proud to offer one of the fastest and clearest paths to partnership of any mid-sized law firm in the U.S. The firm is honored to be recognized perennially on Best Lawyers’ Best Law Firms lists, awarded the No. 1 “Ceiling Smasher” in Law360’s 2022 Glass Ceiling Report for female equity partnership, and shortlisted for Financial Times’ 2022 Innovative Lawyers North America Award.

For more information and to view career opportunities, visit www.tysonmendes.com.


About Tyson & Mendes LLP
Tyson & Mendes LLP is a nationwide, AV-rated litigation and trial firm specializing in insurance defense and protecting its clients from Nuclear Verdicts®. Robert Tyson and Patrick Mendes founded the firm in 2002 to defend corporations, insurance companies, and their clients in civil litigation matters. The firm has experienced tremendous growth in the past two decades, with offices across the U.S. serving clients in Arizona, California, Colorado, Connecticut, Florida, Georgia, Iowa, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Tennessee, Texas, Washington, and Wisconsin.


Media Contact

Molly Pincherli/Jean Walcher, J. Walcher Communications
molly@jwalcher.com / jean@jwalcher.com, 619-295-7140




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