Bobby Shannon: Perspective From the Lawyer on the Short End of a $280M Verdict
"I've flown planes where people were trying to kill me," Bobby Shannon Jr. said. "Getting blown up in a courtroom, bad as it is, is not the same."
August 28, 2019 at 02:11 PM
5 minute read
The lawyer on the losing end of a $280 million verdict in Columbus Friday said he wasn't really surprised when the jury spoke.
"I'm not even upset," Robert "Bobby" Shannon Jr. said after the verdict.
Shannon said he served 35 years in the U.S. Air Force and Air National Guard, supporting combat and contingency operations in 30 countries before retiring in 2017 as a major general.
"I've flown planes where people were trying to kill me," he said. "Getting blown up in a courtroom, bad as it is, is not the same."
His father also served in the Air Force. Born in New York, Shannon moved with his family many times. When he was in high school, his dad was stationed at Moody Air Force Base in South Georgia. He graduated from Valdosta State University with a B.A. in political science. Shannon earned a master's degree in consumer studies at Oklahoma State University, then later a J.D. from the University of Georgia School of Law. He was admitted to the State Bar of Georgia in 1991.
Shannon calls himself a SWAT lawyer, parachuting into litigation all over the country defending corporations in high-exposure cases, often just days before trial. His Baker Donelson firm bio says he has defended clients in complex, billion-dollar matters.
Shannon worked for 27 years with Atlanta's Hall Booth Smith. He left in June 2018 for Denver litigation firm Wheeler Trigg O'Donnell, saying it was a better fit for his national trial practice.
But in late May, he joined Baker Donelson as a shareholder. Shannon told the Daily Report then that a rash of "nuclear verdicts" has caused his trial practice to explode with calls from companies facing high-exposure jury trials for catastrophically injured victims. He said he needed a big national firm with a sizable Atlanta office to support his growing caseload.
Last week's trial before Muscogee County State Court Judge Andy Prather was for the death of Judy Madere, 58, who was riding in the back seat of a Nissan Rogue SUV, buckled in between her grandchildren, 4-year-old Jaxson and 7-year-old Trinity. Her daughter, Carrie Jones—the children's mother—was driving. Judy Madere's twin sister, Trudy Hebert, was sitting up front next to her niece. They all died when the tractor-trailer truck carrying a bin of scrap metal came into their lane and hit them head-on, according to court records.
The jury awarded $150 million for the value of the life of Judy Madere, and $30 million for her pain and suffering, plus $100 million in punitive damages and $65,000 in attorney fees.
The trucking company, Columbus-based Schnitzer Southeast, admitted liability for the at fault driver's negligence. The parent company, publicly traded Schnitzer Steel Industries of Portland, Oregon, denied responsibility. But the jury held that the two companies were operating as a joint venture and that the driver was an agent of both.
Shannon's team included Mark Barber and Ciera Locklair of Baker Donelson. Also present at the defense table was appellate attorney Laurie Webb Daniel of Holland & Knight.
They are already at work on an appeal.
As Shannon tells the story, there's more to it than what the jury knew.
"We certainly understand the anger of the jury," Shannon said. "In posttrial discussions with jurors, they felt that we never took responsibilities or apologized for the accident. That was inaccurate. We tried to apologize after the accident. We were rebuffed. Counsel for the plaintiffs moved to exclude any apologies during the trial."
Opposing counsel disagreed, saying the judge allowed the defense "to say they were sorry if they wanted to, they just never did."
Shannon expressed frustration over his client being accused of putting a fatigued driver on the road. "The driver was on vacation for four days prior," Shannon said. "The morning of the accident was his first day back at work."
Shannon said the verdict was used in a symbolic way for more than this case at hand.
"They also wanted to send us a message to deter my client's behavior. We were precluded from talking about the significant changes Schnitzer put into place after the accident."
Again, opposing counsel disagreed, saying the defense agreed to the terms.
Shannon added that jurors "heard lots of evidence about the loss of five family members. Plaintiff's counsel told the jurors in closing this was the only trial. They weren't told there were five separate suits or three of the five cases were settled—two of them settled almost a year ago."
And Shannon said he believes jurors were biased by local news coverage of the trial. "In addition, I believe the nightly television broadcast that contained inflammatory inaccuracies impacted the jury," he said.
A corporate contact for Schnitzer Steel sent the Daily Report a statement, attributable to Schnitzer Southeast.
"We continue to extend our deepest condolences to all affected by this tragic accident that occurred in 2016. Schnitzer Southeast has accepted responsibility for this accident, and we were hoping for a fair and reasonable outcome for all parties. Unfortunately, we believe the jury's verdict has significant flaws, and we plan to appeal it," the company said.
In the aftermath of the verdict in Columbus, Shannon did offer a salute to his adversary, plaintiffs' lead counsel Brandon Peak of Butler Wooten & Peak.
Said Shannon of Peak, "He tried a good case."
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