
THE LORD OF THE JUNGLE
WAS ALSO
A MEMBER OF THE TEXAS BAR ASSOCIATION
By Bill Cherry
I suppose there is a good percentage of Texans who had never heard of John O'Quinn. He was a Houston attorney who was killed in an automobile accident on October 29, 2009, at the age of 68.
<==JOHN O'QUINN (photo by Pam Frances Photographer, used with permission)
So here's your chance to know something about a man who made clients and himself rich while leaving companies like Wyeth Laboratories, Dow Corning and the tobacco industry's treasuries in shambles, as juries awarded his clients billions.
In fact, those who keep up with statistics say that all told, O'Quinn's clients, throughout his career, shared $20 billion.
There was a fellow who had been employed by an ethylene unit of a chemical plant in Galveston County. He began having lung problems. They got more and more severe, then he passed away.
The man's family suspected that his illness and death may have been caused by unsafe work surroundings, so they asked Galveston attorneys, Bob Moore and Jeff Kilgore, to investigate and see if they thought there would be reason to sue.
Well, I know Moore and Kilgore and they are the kind of attorneys who are relentless.
They don't give up until they have found an answer to a problem.
A few months later, the two attorneys sat down and read through the information and documents they had accumulated, and they thought they could win a suit against the chemical plant.
So the next day, they filed suit in Galveston County. Their agreement with the deceased man's family was that the legal fees would be on a contingency basis - if Moore and Kilgore won, they got paid; if they lost, they got nothing for all of their time and the expenses they had incurred.
They won. The jury awarded over $100 million in Judge Hugh Gibson's court.
But the elation didn't last long. Judge Gibson thought the award excessive, so he ordered the whole thing to be tried again, but this time by a procedure known as bifurcation.
Frequently, civil cases are bifurcated into separate liability and damages proceedings. That way, the pieces can be considered individually, requiring any awards to be specific to the infraction rather than just one pile of dough.
But remember, Moore and Kilgore had already fronted about $250,000 of expense in the case, so they decided that they had best bring in help. Moore called his old law school friend, John O'Quinn.
"Send me your files, and I'll let you know," O'Quinn told Moore.
So the new team of Moore, Kilgore and O'Quinn got a new court date. Meanwhile, O'Quinn moved into the Tremont House Hotel near where the suit's "War Room" would be maintained.
About 5:30 AM on the day that the new trial was to begin, it was foggy and cold on the Island. Not a soul was stirring anywhere near the Tremont House. After all, most of the city was just starting to stretch, yawn, and open the beginning of the day.
One lone janitor, Joe Garcia, was finishing cleaning the Wentletrap Restaurant which shared the alley with the Tremont House. As he went out to sweep the sidewalk, he heard the cry of Tarzan, Lord of the Jungle.
It scared the bejeezes out of him. And then Tarzan sounded his cry again.
Garcia put his broom over his head club-style and carefully crept to the corner of the building, then peaked around it. In the alley was a tall man in jogging shorts, tank top and Reeboks.
No one else was nearby
The man threw his head back and started flapping his right hand over his mouth, as again he screamed the Tarzan yell at the top of his lungs.
Just as he finished, the man saw the janitor and started laughing.
"You must think I've escaped from the psychiatric ward," he said to the Garcia. "I'm John O'Quinn," he said as he extended his hand to shake that of the janitor.
"I'm an attorney and I've been living in the Tremont House while preparing a case for Judge Gibson's court."
"Today's the first day of the trial. A lot's at stake," O'Quinn continued.
"I've learned that just like an opera singer, I have to be in good voice when I'm trying a case. After all, I'm a performer, too. And I also have to appear to the opposition and to the jury to be the winner. By acting as Tarzan just before I go into court, I not only get my voice practice, but I psych myself into believing that I actually am Tarzan, Lord of the Jungle."
O'Quinn told Garcia that he was absolutely sure his secret ritual was very important to his success.
This time, with Tarzan, Moore and Kilgore as a team, after a couple of days of trial, the defense figured it had better fold up its tent and go home, so it offered a huge settlement.
That was a smart move. Every bug, every bird, every snake, and every animal knows that Tarzan is the Lord of the Jungle. The defense attorneys had obviously learned that, too.
Copyright 2010 - William S. Cherry
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