The Smith Law Center Wins Historic TBI Verdict

At The Smith Law Center, we have built a legacy as one of the country’s leading personal injury law firms. Although we are based in Virginia, our support for the rights of victims goes beyond state lines, as shown by our recent triumph in Oklahoma, where we won a $10,000,000 verdict for our client.

Our firm is proud to announce that we have added yet another record victory to our long-standing track record of wins for clients. In a landmark traumatic brain injury (TBI) case stemming from the Georgia Pacific Paper Mill explosion, we’ve secured not just a verdict but a milestone for TBI survivors in Oklahoma. 

This is just one of the countless cases we have taken to help TBI survivors get their life back on track. There’s no doubt this compensation will make a huge difference in supporting our client following her TBI injury. 

If you or a loved one suffered a TBI due to someone else’s negligence, contact The Smith Law Center online or call (757) 244-7000 to find out how we can fight for you too. 

Tragedy Strikes at Georgia Pacific Paper Mill Plant

On May 13, 2019, tragedy struck the George Pacific Paper Mill in Muskogee, Oklahoma, when a clamp truck’s engine suddenly caught fire. A clamp truck is essentially a forklift with two "claws" that clamp together on large rolls of paper to move them around the facility. 

An ordinary day at the humdrum mill quickly turned into a nightmare when the engine fire triggered a "chimney effect," allowing the heat and fire to reach the propane tank, which then blew. Called a “BLEVE” or a Boiling Liquid Expanding Vapor Explosion, it was powerful enough to blow the doors off the building.

The Harrowing Ordeal of Gail Capps

One of the GP buildings was destroyed by the explosion and subsequent blaze. Fortunately, no one lost their life. However, our client's life was changed from that moment on.

Gail Capps, knocked unconscious by the blast, suffered a traumatic brain injury (TBI) and severe orthopedic injuries, rendering her unable to work and earn income. 

Ms. Capps, who dedicated 21 years to her work at the mill, will endure lifelong consequences from this explosion. Her decades of tireless work were repaid with significant and ongoing medical bills for treatment due to the severity of the explosion. 

Ms. Capps’ story is one of perseverance in the face of an unexpected and disastrous event. A TBI has the power to ruin your life, but Ms. Capps chose to fight back. 

The Smith Law Center stands ready to support others like Ms. Capps, who won’t let corporate negligence define the rest of their life. Contact us online or call (757) 244-7000 if you developed a TBI following an accident.

The Blame Game 

While multiple major corporations were in a finger-pointing battle over the clamp truck’s allegedly defective design, which allowed the fire to escalate to the point where it compromised the propane tank, our client was fighting for her recovery and still faces a long road ahead. 

Along the way, the Defense tried to shift the blame to Ms. Capps, claiming she was injured and had orthopedic problems from pre-existing injuries, not due to the massive, propane-fueled explosion.

Despite the corporations’ attempt to dodge responsibility, The Smith Law Center stood by Ms. Capps, taking this fight to court. 

In his own words, attorney David Holt tells the story of his legal odyssey and about the trial that helped change a client’s life: 

“The Trial of a Lifetime”  

Fast forward to May 6, 2024, the day that started the trial of a lifetime. 

54 days in Oklahoma. 33 trial days. 59 witnesses. 3 defendant corporations. 18 jurors. Dozens of paid experts. Thousands of pages of exhibits. 1 CrossFit gym, 3 rental cars, 3 VRBO homes, 5 flight changes, multiple tornado warnings, and loss of power at the courthouse. 

And I never came home. I worked on this case for years. And for 2 months straight in Oklahoma, day and night.

The result was epic. 

My client sustained a traumatic brain injury from a massive explosion at a Georgia Pacific paper mill in Muskogee, OK. Ms. Capps worked at this factory for 21 years. A poorly maintained forklift exploded when the engine caught fire and enveloped the propane tank that fueled it.

BOOM.  BLEVE. Boiling Liquid Expanding Vapor Explosion that left several workers injured, including my client, and two factory buildings burned to the ground.

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The Courtroom Saga 

We kept the TBI trial simple. We called only 11 witnesses over 2 1/2 days. The last witness was our client's therapist.  She was late. I was nervous. I called her, and she assured me she was on her way. 

She finally arrived as I was standing on the courthouse steps, begging her to hurry. The jury was literally in the jury box. She was disheveled and a mess. I thought to myself, ‘Oh boy....this is my last witness. What in the world am I getting myself into.....?’

She was stellar. And spiritedly explained to the jury that while she was on the phone with me (pointing at me), she left her keys in the house and locked herself out of her home. She had to climb through a 2nd story window to get her car keys...I cannot make this stuff up and the jury ate up every word. They loved her. And Ms. Capps.

A Historic Verdict: Hard Work Pays Off

After two days and 9 hours of deliberation, the jury returned a verdict in favor of Ms. Capps, awarding $10,000,000. It is said to be the largest TBI verdict in Oklahoma history. 

The jury returned other verdicts for Georgia Pacific and another injured party in the amount of $80,000,000, for a total of $90,000,000 total verdicts. With interest and attorneys fees for Georgia Pacific, it could amount to over $100,000,000 verdict.

The People Who Made This Outcome Possible 

My partner and mentor, Stephen Smith, is thought to be the godfather of Traumatic Brain Injury (TBI) litigation. He has taught me nearly everything I know about TBI survivors and how to take these types of cases to trial. 

Years of observing him in the courtroom gave me the confidence to walk into an unknown, foreign state and fight hard.

And Tulsa co-counsel Tony Laizure was the glue that kept it all together. He kept the caged tiger (me) at bay until closing arguments, which we switched up the day before closing. And his legal acumen at the close of evidence will likely result in a full collection of the judgment at the end of the day. It was an honor to be in battle with such a great lawyer.

It was hard being away for 2 months. I missed my family and routine. But if I am honest, I loved every minute of it. For I am a trial lawyer. And I am so grateful to be able to fight for clients like Ms. Capps, she deserved everything. 

A big thank you to everyone at Smith Law Center for their years of dedication to helping make Ms. Capps’ future brighter. 

Onward,

David B. Holt

Smith Law Center

The Smith Law Center 

While this is certainly a verdict worth celebrating, it’s important to remember that it should have never come to this. In an ideal world, we would not have to represent people like Ms. Capps, as corporate responsibility and safety standards would prevent such devastating incidents in the first place.  

Until that day comes, The Smith Law Center will continue to fight for people wrongly injured. As shown by Ms. Capps’ case, we will go to great lengths to get our clients what they deserve. Contact us online or call (757) 244-7000 to find out how we can support you in a claim.