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First Posted: 3/11/2014 SCRANTON &#8212; Justice for Brian and David.
That was how family members and their attorneys characterized a $7.625 million federal jury verdict rendered Friday afternoon against a former civilian contractor and his ex-employer in connection with a car crash in Kuwait that led to the deaths of two Luzerne County Naval reservists.
&#8220;I&#8217;m very happy,&#8221; said Amy Hynoski Patton, whose husband, Brian Mark Patton, died in the Nov. 19, 2009 wreck on a desert road in Kuwait. &#8220;All I wanted was for justice to be served, and now it has been.&#8221;
Patton, 37, of Nanticoke, died at the crash scene. His passenger and friend, David Morgan, of Wilkes-Barre, suffered traumatic brain injuries and was returned to the United States for treatment.
Morgan died of complications from his injuries last August at the age of 38. In their civilian life, both had worked as correctional officers for the State Correctional Institute at Dallas.
Morgan Lee Hanks, a Virginia man who worked as a dog trainer for California-based Combat Support Associates, was trying to pass a convoy of six buses and two SUVs on the wrong side of a two-lane desert road when his SUV collided with Patton&#8217;s SUV as both swerved into the sand to avoid a crash.
Friday deliberations
Following more than four hours of deliberations Friday in U.S. District Court, a jury of six women and two men unanimously found that Hanks was negligent, and that his conduct was a factual cause of the plaintiffs&#8217; harm. Jurors also found there was liability on the part of CSA and associated companies AECOM Government Services Inc., Research Analysis and Maintenance Inc. and Aleut Management Services LLC.
The trial, which began on March 5, was held before U.S. District Judge Edwin M. Kosik.
Hanks, 29, quietly left the courtroom unaccompanied following Friday&#8217;s verdict. Asked if he had anything to say, Hanks replied: &#8220;I do, but on the advice of my attorneys, not right now.&#8221;
Attorney Joseph N. Bongiovanni, representing Hanks, declined comment when leaving court a short time later, as did CSA attorney Evan Eisner. Both lawyers are from Philadelphia.
The crux of their argument was that Hanks did attempt to merge back onto his side of the road, but was prevented from doing so by convoy drivers who failed to maintain enough distance between vehicles, despite military orders requiring them to do so.
Lawyer&#8217;s statement
Wilkes-Barre attorney William Anzalone, who represented the Patton family, described the result as a vindication for bereaved relatives, who previously sat through a 2010 federal criminal trial in Virginia in which Hanks was found not guilty of involuntary manslaughter and assault.
&#8220;Morgan Lee Hanks finally has to account for this conduct, that claimed the lives of two great Americans, Brian Patton and David Morgan,&#8221; Anzalone said as he met reporters outside the courtroom Friday afternoon.
&#8220;We are very pleased with the result,&#8221; added Anzalone, calling it &#8220;a hard-fought case from the beginning.&#8221;
The jury&#8217;s award to the Pattons was $3.875 million, as follows:
&#8226; $1.65 million for the wrongful death of Brian Patton
&#8226; $2.1 million for his past and future loss of earnings
&#8226; $125,000 for pain and suffering Patton experienced from the time of impact until his death, which forensic pathologist Dr. Gary Ross testified could have been anywhere from seconds to minutes, noting that none of Patton&#8217;s extensive injuries would have led to instantaneous death.
Eisner took exception at trial to the relevance of Ross&#8217;s testimony, noting that Ross &#8220;never testified that Patton was consciously aware of any pain.
The jury&#8217;s award to the Morgan estate was $3.75 million, as follows:
&#8226; $1 million to Morgan&#8217;s daughter, Ariana, 8, for his wrongful death
&#8226; $2.1 million for his past and future loss of earnings
&#8226; $650,000 for pain and suffering from the time of impact until his death.
Jurors saw photos and video of the wheelchair-bound Morgan, and heard testimony from family members including his parents, Peggy and Charles Morgan of Wilkes-Barre, about the extent of their son&#8217;s injuries and his diminished physical capacity as he was transferred from facility to facility in the 45 months he lived after the crash.
&#8220;Justice has been served,&#8221; Peggy Morgan said softly as she left court.
&#8220;Now Dave and Brian can rest in peace,&#8221; she said, also expressing thanks to the jury.
&#8220;We&#8217;re pleased for the families,&#8221; said Philadelphia attorney John Hartley, who was part of the Morgans&#8217; legal team, led by his colleague David Pennington.
Attorneys for Hanks and CSA scored at least one significant victory in the courtroom this week.
Punitive argument
On Monday, Eisner successfully presented a motion arguing that the plaintiffs were not entitled to punitive damages, on the grounds that the evidence presented did not meet Pennsylvania&#8217;s standard of proof that Hanks acted in &#8220;conscious disregard&#8221; of the risk posed by his actions.
Eisner wrote that the plaintiffs&#8217; evidence at best &#8220;could arguably establish&#8221; questionable judgment by Hanks, but a mistake or error of judgment cannot support a claim for punitive damages in this state. Kosik granted that element of the motion.
But on Friday, victory was claimed by two Luzerne County families.
Amy Patton, whose 12-year-old son tearfully testified earlier in the week about the loss of his father, held up her cell phone as it started ringing while she waited for the elevator after court.
Nicholas Patton&#8217;s picture appeared on the screen, alerting her to his call.
&#8220;He&#8217;s going to be so happy,&#8221; she said.

Families of Naval reservists awarded $7.625M