Verdict in Jury awards former Bearcat $12 million

Herald Democrat
Sunday, April 23, 2000

Dawn Crafts

A jury awarded damages of $12 million to former Sherman Bearcat football player Trenell Walker, Friday in 336th District Court.

As Judge Ray Grisham read the verdict, a broad smile spread across Walker's face and his mother cried as she hugged her son's attorneys.

Just before 5:30 p.m. Friday, having heard three weeks of testimony and then deliberating for a full day and a half, the jury in Trenell Walker vs. Schutt Sports Sales Group returned the 10-2 verdict for the plaintiff.

Damages awarded include $1,802, 138 for loss of earnings, $450, 000 for medical expenses incurred, $185, 822 for future physical impairment and $9,574,150 for future medical expenses, a total of $12, 012,110.

Four years ago, as a freshman starting on Sherman High School's varsity football team, Walker sustained a paralyzing neck injury when he collided with another player.

Walker and his attorneys, Mike Wynne of Sherman and Larry Coben, a consumer products safety specialist from Arizona, allege that there were both design and marketing defects in the helmet Walker wore.

After hearing testimony from biomechanical engineers, reviewing charts and graphs from helmet safety tests, examining Walker's helmet and other helmets, then reading and re-reading the warning label and excerpts from the helmet manual, the jury decided that, although there was not a design defect with the helmet worn, there had been negligence in the way Schutt Sports marketed the helmet.

"The warning implied the helmet could protect the neck in some instances. Trenell was involved in a routine play and should have been protected," Wynne said.

He added, "Schutt did not adequately warn of the dangers involved in using the helmet and did not tell Trenell and other players that a safer alternative was available."

The "safer alternative" Wynne referred to is a double bladder helmet which he alleges should have been used because it may be more effective in preventing some types of neck injuries.

According to the attorney, making sure the safest possible equipment is made available and players are warned of risks is part of why plaintiffs wanted their case heard.

"One of the reasons we filed the suit was to protect other players," Wynne said.

Julie Nimmons, president of Schutt Sports, refused to answer any questions but read a brief statement after the verdict was returned. After saying "No helmet can protect the neck," she added, "We will appeal this decision."

Attorneys for the defendant were Phil Davis and Richard Harrison. They declided to comment on the case or plans for an appeal.

Personal Journey

Having escaped death, survived several surgeries and suffered through almost two years of depression, Walker said he has grown up, learned to appreciated people and trust in God.

"Right after I got hurt, I remembered one of the counselors told me that I would mature faster than other people my age," Walker recalled, "That is true, too. I am like an old man now. I am pretty quiet - not a real people person."

Despite that comment, Walker said he loves little kids, has a special girl and has enjoyed public speaking. "Little kids are the best," Walker said, "because they don't see disability or color." He also speaks very highly of his mom, Verna Obiorah, who has been by his side through all the ups and downs.

Walker has spoken to classes of various ages about his accident and what he has learned from it. "Talking to them is like counseling for me," he said. "At first I was mad and angry, then I was depressed for a long time. But now I think about what I can do, not what I can't."

"Maybe someday there will be technology advances or something to help me walk, but there will always be side effects, too," Walker said. "Anyway, it seems God has other plans for me right now."

Those plans may include Walker attending University of North Texas. "I was planning to stay at home and go to Grayson," Walker said. "But since my cousin started talking about UNT, I realize that could help me make some of my goals happen."

Using his first-hand experience, Walker wants to help other people who have been injured or are paralyzed. He is considering becoming a rehabilitation counselor or enrolling in computer programming courses so he can establish a local rehab center that will utilize state-of-the-art computer technology.

Leaving the courtroom Friday, Walker said, "I thank the Lord for blessing me. It has been hard and it is going to get harder. But he has given me the mind and heart to make it through."