The Great Trials Podcast

Steve Lowry and Yvonne Godfrey interview trial lawyers Bill Horton and D’Arcy L.R. Rapp about their Dallas trial of Davis v. NCAA, arising from SMU lineman JT Davis’s repeated head impacts from 1955–1959, his later dementia, and a postmortem Boston University diagnosis of stage four CTE after his 2016 death.   CASE SUMMARY: They discuss securing a $140 million verdict ($30M compensatory, $110M punitive), the NCAA’s historical knowledge of concussion risks through decades of medical literature and internal documents (including a 1933 medical handbook), and how the team simplified complex science and governance evidence using timelines, boards, and themes like control, competitive disadvantage, and “recommendations vs rules.” They address defenses including Alzheimer’s, vascular factors, APOE4 genetic predisposition (framed as eggshell plaintiff), statute-of-limitations discovery issues, and trial strategy, cross-examinations, and damages presentation. (READ MORE)   GUEST BIOS BILL HORTON: Bill Horton has spent his career fighting for people who the system often overlooks—delivering results that stand among the largest in his field, including a $140 million verdict against the NCAA. Since earning his law degree in 2001, Bill has helped clients across Arkansas and the country secure justice against corporations, insurers, and powerful institutions. His work spans catastrophic injury, wrongful death, trucking litigation, class actions, and complex cases where the stakes are highest. Raised in Van Buren, Arkansas, Bill’s path into law was shaped early.“Growing up poor, it became clear that the system wasn’t fair for folks like me—and I wanted to change that,” he says. That perspective still drives his work today. (READ MORE)   D’Arcy L.R. Rapp: D’Arcy L.R. Rapp is an attorney at Shrader & Associates, LLP. She focuses her practice on mesothelioma, neurodegenerative disease, and toxic exposure. She has more than a decade of experience in fighting for people who have been injured by the negligence of corporations. She is an experienced trial lawyer with an extensive history in mesothelioma cases and has been involved at every stage of litigation, trying cases in more than eleven states. With well over fifty-million-dollars recovered on the behalf of her clients, she is dedicated to fighting for justice While a majority of D’Arcy’s litigation experience is related to mesothelioma, she has handled cases across a variety of practice areas. Her expert opinion has been sought after by multiple publications. She was published in the Elgar Encyclopedia of Environmental Law on her work, as well as in Gender Race & Just on the subject of non-biological, non-adoptive parents in Arkansas, Florida, Mississippi, and Utah. (READ MORE)   CONNECT WITH OUR GUESTS: MEET BILL HORTON Facebook  Instagram  LinkedIn  MEET D'ARCY L.R. RAPP Facebook Instagram LinkedIn   LISTEN TO PREVIOUS EPISODES & MEET THE TEAM: Great Trials Podcast Show Sponsors: Legal Technology Services  Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2   FIND A FAVORITE SPOT IN THIS EPISODE: 00:00 Welcome and Introductions 01:41 Case Overview and Verdict 03:34 Meet Bill and D'Arcy 05:39 JT Davis Story and Diagnosis 08:26 Building the CTE Case 13:19 Simplifying for the Jury 17:51 Trial Team Dynamics 21:38 NCAA Knowledge Timeline 28:25 Who Controls the NCAA 33:45 Statute of Limitations Fight 39:55 BU CTE Brain Donation 41:51 Defense Alternate Causes 42:22 APOE4 Eggshell Strategy 45:54 Recommendations Versus Rules 46:40 Cross Exam Admissions 50:59 In Court Out Of Court 53:26 Unpaid CTE Expert 56:25 Medical Historian Timeline 58:32 Sticker Timeline Method 01:01:15 Damages Storytelling 01:05:56 Punitive Damages Pitch 01:08:54 Jury Feedback Credibility 01:11:11 Simplify Complex Trials 01:12:54 Closing Thanks Credits  

GTP host Steve Lowery is leading the conservation today with special guest Maxey Scherr, the founder of Scherr Law Firm in El Paso, Texas. They explore the complexities of an extraordinary case, Mendoza vs. Titan Transportation, where Maxey secured a verdict of over $16 million for her client, Ruben Ivan Mendoza.   Remember to rate and review GTP on Apple Podcasts: Click Here to Rate and Review   Case Details: The case revolved around a severe truck crash in Dallas County, Texas, where Ruben Mendoza, the driver of a pickup truck leased by Titan Transportation, was rear-ended by a truck owned by DSX Transportation. Despite the defense's attempts to frame Mendoza as an independent contractor, Maxey successfully proved that he was an employee in the course and scope of his employment, showcasing Titan's negligence in his lack of training and safety protocols. Scherr Law Firm secures an $11,005,000 settlement with three of four defendants named in a lawsuit and obtains a $16,857,276 verdict against the fourth remaining defendant in their second trial. (Source)   Guest Bio: Maxey Scherr Maxey Scherr founded Scherr Law Firm in 2022. She has litigated over 40 jury trials resulting in multi-figure verdicts across the board. Her areas of expertise include trucking accidents, wrongful death claims, traumatic brain injuries, and catastrophic injuries. Ms. Scherr is a member of various boards and organizations and currently serves as the Co-Chair of the Women's Caucus and Board of Regents member with the ATAA, is on the Texas State Bar Committee on the Administration of the Rules of Evidence, is a member of the American Association for Justice and sits on the Women's Rights Commission for the City of El Paso. Through the years, Ms. Scherr's efforts have garnered many accolades. Most notably, Ms. Scherr is a "Super Lawyer," a "Top Ten Attorney," receives numerous "Litigator Awards" and has various National Law Journal Top 100 Verdicts. Ms. Scherr is licensed in Texas, New Mexico and Illinois and graduated from Texas Tech School of Law. She received her bachelor's degree in Psychology from the University of Massachusetts-Boston with magna cum laude honors and undertook postgraduate work in Neuroscience at Harvard University. Read Full Bio   Links: Scherr Law Firm on Facebook: Scherr Law Firm Scherr Law Firm on LinkedIn: Scherr Law Firm Contact Scherr Law Firm: Scherr Law Firm Check out previous episodes and meet the GTP Team: Great Trials Podcast   Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2

GTP hosts Steve Lowery and Yvonne Godfrey delve into the riveting case of Donald Clark vs. the State of Iowa with guest Mel Orchard from the Spence Law Firm. They explore the wrongful conviction of Donald Clark, a school counselor accused of sexual assault in 2009, and the subsequent legal malpractice case against his public defender for inadequate representation. The discussion highlights the significant emotional and physical toll on Clark during his six and a half years in prison, the courtroom strategies employed, and the eventual $12 million verdict for emotional distress.   Remember to rate and review GTP in iTunes: Click Here to Rate and Review   Case Details: The case revolves around a legal malpractice action against a state public defender, who represented a client convicted of sexual abuse. The client, Donald Lyle Clark, was convicted and sentenced to prison. The conviction was affirmed on appeal. However, in postconviction proceedings, the court determined that Clark's defense counsel had provided ineffective assistance and ordered a new trial. The state declined to prosecute, and Clark filed a civil action for legal malpractice against the state as the lawyer’s employer. The district court granted partial summary judgment, holding that the finding of ineffective assistance in the postconviction proceedings established counsel’s negligence as a matter of law. The jury found the lawyer negligent and awarded Clark $12 million in emotional distress damages.The Supreme Court of Iowa reversed the judgment for emotional distress damages. The court clarified that to recover emotional distress damages for legal malpractice, the plaintiff must prove more than negligence. The court held that the plaintiff must prove by a preponderance of clear, convincing, and satisfactory evidence that the criminal defense attorney acted with willful and wanton disregard for the client’s rights or safety. The court concluded that the district court erred by instructing the jury that negligence was sufficient. The case was remanded for further proceedings consistent with this opinion. (Source)   Guest Bio: Mel Orchard Mel Orchard is a trial lawyer, trying cases in the courtrooms across America, for the past 27 years. Mel has litigated and/or tried hundreds of cases in his career and has recovered hundreds of millions of dollars in settlement and verdicts for his clients. During his trial career, Mel has been a part of record-breaking civil jury verdicts in various jurisdictions (Wyoming, Arizona, and Iowa). He has also devoted significant time to pro bono work through Lawyers and Advocates for Wyoming, and many local and national charities. In addition to preparing for trial or being in trial, Mel was a senior faculty member and board member at the Trial Lawyer's College in Wyoming and was recently selected to join the Board. Mel also lectures and presents to various legal organizations throughout the country including Bar Associations, Leadership Organizations and has taught Judicial Ethics to various groups of judges. He was Chairman for the Wyoming Commission for Judicial Conduct and Ethics where he served as a member for six years after appointment. Read Full Bio   LISTEN TO PREVIOUS EPISODES & MEET THE TEAM: Great Trials Podcast Show Sponsors: Legal Technology Services  Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production   Show Sponsors: Harris Lowry Manton LLP - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2

This week, your hosts Steve Lowry and Yvonne Godfrey interview Michael Levine of Rappaport, Glass, Levine & Zullo LLP (https://www.rglzlaw.com/)   Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Episode Details: Michael Levine -- a partner at Rappaport, Glass, Levine & Zullo LLP known as "Motorcycle Mike" -- explains how he secured justice for 33-year-old air traffic controller Kevin Barrett, who endured a painful through-the-knee amputation after a pick-up truck collided with his motorcycle and crushed his right leg. The driver of the truck abruptly cut off Kevin, who was going 10 miles per hour over the speed limit, while making a left turn. Kevin uses a prosthetic limb as a result of this catastrophic injury. A Suffolk County, New York jury returned a $5,750,000 verdict, assigning 63% of the negligence to the defendant.   Click Here to Read/Download the Complete Trial Documents   Guest Bio: Michael Levine   Michael Levine is, without a doubt, the prime example of a “Go-Getter”. In over 35 years Michael has never stopped chasing after perfection, and his reputation and record are a shining reflection of this. If you’re looking for a personal injury attorney who is a rare combination of experience, hard-charging, tactical, spirited, and unfailingly caring, you’ve found him.   At RGLZ we sometimes wonder how Michael finds the time and energy to do everything he does. He lectures often on his areas of expertise before the bar associations of Suffolk and New York State, serves on the Grievance and Judicial Screening committees for those bar associations, is on the board of directors of the Suffolk County Bar Association, writes articles for legal journals, has served as the President of the more than 4000 member strong New York State Trial Lawyers’ Association, is Mayor of his home town of Old Field, NY,  and still finds time to be an active part of the Long Island motorcycle community as Motorcycle Mike Esq.   This is all on top of a thriving practice here at RGLZ, where Michael handles litigation in numerous types of personal injury cases including motorcycle accidents, auto accidents, truck accidents, premises liability accidents, construction accidents, and railroad and subway accidents. He is also a friend of labor unions, taking cases for the Transit Workers Union and other large unions in New York.   Despite this nearly insane workload, Michael Levine is also regarded as a true friend to his clients. He prides himself on providing round-the-clock access for his clients, regularly taking their calls personally at all hours of the day. This is backed up by the fact that, in his entire career, Michael Levine has never had a grievance filed against him, and many of his clients remain friends to this day. There simply aren’t many attorneys out there who can make a claim like that. Despite Michael’s dedication to improving both himself and his profession as a whole, his clients always come first, and his priorities are always simple.   “In my time as a personal injury attorney, I’ve seen almost all there is to see. A large part of my life is coming into other people’s lives in what is likely their worst moments; and it’s tough. It hurts to see people in these situations. But at the same time, it’s what drives me. I know that I can make a difference for these people. And if, at the end of my time with them, I can see them smile, and feel just that little bit better… That’s what I do all of this for.”   Read Full Bio LISTEN TO PREVIOUS EPISODES & MEET THE TEAM: Great Trials Podcast Show Sponsors: Legal Technology Services  Harris Lowry Manton LLP - hlmlawfirm.com Production Team: Dee Daniels Media Podcast Production   Free Resources: Stages Of A Jury Trial - Part 1  Stages Of A Jury Trial - Part 2

This week your hosts Steve Lowry and Yvonne Godfrey interview Frank Mangiaracina of Kline & Specter PC (https://www.klinespecter.com/).    Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Episode Details: Philadelphia-based personal injury attorney Frank Mangiaracina with Kline & Specter PC discusses how he secured justice for David Coryell, a motorcycle driver involved in an automobile wreck with a delivery driver employed by a Domino’s franchise. On July 27, 2016, defendant Steven Morris was driving a delivery vehicle to deliver Domino’s food when he made a sudden left turn into oncoming traffic, crashing his vehicle into David and his motorcycle. David suffered severe physical and emotional injuries from this incident. After numerous operations, he was left with the decision to either amputate his left leg or experience permanent and progressive pain. Despite the defense’s attempts to claim that Domino’s did not have control over a franchisee’s operations and therefore could not be held accountable for the actions of a franchisee’s employee, Mangiaracina established that Domino’s and the franchisee have a “master-servant relationship,” arguing that Domino’s did, in fact, have control over the franchisee and therefore should be held responsible. The jury agreed, and on August 13, 2021, a Philadelphia County jury returned a $2,009,553 verdict in favor of plaintiff David Coryell.     Click Here to Read/Download Trial Documents   Guest Bio: Frank Mangiaracina Frank Mangiaracina focuses his practice on catastrophic personal injury. He is a staunch advocate and proven trial lawyer who helped compile more than $60 million in recoveries in the five years before coming to Kline & Specter.  Most recently, in a COVID-era trial during the summer of 2021, Mangiaracina won a $2.1 million verdict against Domino’s Pizza for a client who suffered severe and permanent injuries to his leg when his motorcycle was struck by a delivery driver. As co-lead counsel at trial, Mangiaracina gave a closing argument that helped convince the jury that Domino’s was responsible for the actions of a franchisee.  He was also co-counsel in litigation that achieved a $44 million pre-trial settlement in a product liability case for an oil rig worker who was left a quadriplegic after he was struck by a falling light fixture.  In medical malpractice cases, among others, Mangiaracina helped win settlements of $5.5 million, $5 million and $3.5 million for, respectively, failures to timely diagnose stroke, diagnose and treat sepsis and to treat an aortic aneurysm.  These recoveries were made with Mangiaracina’s prior firm, Sheridan & Murray LLC in Fort Washington, Pa. He also worked as an attorney at Berger & Montague in Philadelphia and as a law clerk with the Philadelphia firm of Saltz, Mongeluzzi & Bendesky.  Because of his litigation success, Mangiaracina has been named a Pennsylvania Rising Star by Super Lawyers for four consecutive years (2019-2022). The independent lawyers survey group recognizes the top 2.5 percent of attorneys in the state who are 40 or younger.  Mangiaracina earned his law degree at the Temple University Beasley School of Law, where he graduated magna cum laude, in the top five percent of his class and was a member of the Order of the Coif honor society. He was, simultaneously, staff editor for the Temple Law Review and a member of Temple’s renowned National Trial Team, which placed in the semifinals of the National Institute of Trial Advocacy’s “Tournament of Champions,” an invitation-only competition.  At Temple, Mangiaracina won several awards and scholarships, including the Integrated Trial Advocacy Graduation Award, the Benjamin and Natalie Levin Memorial Scholarship, the Class of 1978 Scholarship and the Faculty Law Scholarship. Read Full Bio   LISTEN TO PREVIOUS EPISODES & MEET THE TEAM: Great Trials Podcast Show Sponsors: Legal Technology Services  Harris Lowry Manto