Legal Speak

$12.7 Million Verdict Awarded

Gary Holt & Connie Grace obtained a total verdict of $12,771,000 in a premises security case on October 29, 2015, in Little Rock.  The verdict included a $2,771,000 verdict in compensatory damages against Park Plaza Mall, CMBS, LLC, and its security company, ERMC II, LP, Tristan Bryant, and Deonte Edison in favor of the Estate of Christian Ellis Hayes, deceased.   A  twelve-member Pulaski County jury found that the corporate defendants’ negligent conduct was equal to that of each of the two individuals who were convicted in 2014 for Hayes’ February 28, 2013 murder and aggravated robbery of the Sbarro restaurant after the mall had closed for business.    The jury considered evidence including an unlocked door leading to the outside of the mall behind Sbarro and other restaurants; unmonitored video surveillance, and knowledge that Bryant had previously entered the store after the mall closed and was suspected of theft at the time and claims for negligent hiring, training, supervision and retention of personnel on duty the night of the murder.   The jury also assessed punitive damages of $10,000,000 against Tristan Bryant and Deonte Edison.        

Gary Holt & Associates, P.A. was honored to represent Hayes’ mother, Kimberly Marie Powell of Manhattan, who represented Hayes’ Estate.  She and Myon Zimbalist Hayes, of Chicago now have proof that their son, as an employee of a tenant of the mall, was entitled to reasonable safety at the mall where he worked.  Christian Hayes was age 25.


Prempro Case Result

Gary Holt is co-class counsel in the case April Krueger v. Wyeth, Inc. ,  United States District Court, Southern District of California, Case number 03CV2496 – JAH (AJB).

This is a Class Action lawsuit filed on behalf of all California consumers who purchased Wyeth’s Hormone Replacement Therapy products, Premarin, Prempro, and/or Premphase, for personal consumption between January, 1995 and January, 2003 and who were exposed to a representation from Wyeth, or health care providers, or read in literature in which Wyeth advertised or provided to third parties to be disseminated under its brand or the third parties brand that Premarian, Prempro, and/or Premphase lowered cardiovascular, Alzheimers and/or dementia risk, or did not increase breast cancer risk and do not seek personal injury damages resulting therefrom.


Goshien vs. Centers for Youth and Family in Pulaski County

With Gary Holt as co-counsel, Connie Grace received a verdict of $680,000 in the case of Goshien vs. Centers for Youth and Family in Pulaski County, Circuit Court, Arkansas, Case No. CV08-3328, with Gary Holt as co-counsel, on behalf of a mentally ill teenager.  The minor was in a residential treatment program for psychiatric disorders. She became toxic on lithium, a medication used to control mood swings. As a result, she suffered acute renal failure and neuroleptic malignant syndrome, a life-threatening disorder.


Boerner v. Brown & Williamson Tobacco Co.

Mr. Holt received a verdict of $4,025,000, in compensatory damages and $15 million in punitive damages in the case of Boerner v. Brown & Williamson Tobacco Co., U.S.D.C. No. 4:98CV427JMM, in one of the few individual victories against a tobacco company outside California or Florida.


Mickles v. Cincinnati Life Insurance Company

Mr. Holt received a verdict of $2,250,000 in a case involving the torts of bad faith, fraud and outrage: Mickles v. Cincinnati Life Insurance Company, et al, Circuit Court of Pulaski County, Arkansas, Second Division, No. CIV-98-6698.