Ware, Jackson, Lee, O'Neill, Smith & Barrow, LLP

In McCollough v. Trek Safaris, et al., Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP partner Don Jackson won two defense verdicts in a wrongful death case in which our client was sued for negligent misrepresentation and negligent undertaking resulting in the death of a father of five from yellow fever.

Our client, Trek Safaris, is a travel agent specializing in exotic hunting and fishing trips. Trek arranged a trip to the Rio Negro in Brazil to fish for peacock bass, the hardest fighting fresh-water fish in the world. While on the trip, plaintiffs’ husband and father was bitten by a mosquito and contracted yellow fever. He died shortly after his return home, leaving a widow and 5 children. The family sued Trek for failing to adequately warn of the danger of yellow fever and failing to adequately instruct regarding the yellow fever vaccination. We tried the case twice. In the first trial, the jury found against our client but placed 70% of the fault on the plaintiff, 20% on our co-defendant, and 10% on our client. The court entered a take-nothing judgment, but that judgment was reversed on appeal. Upon retrial the jury found no negligence and the court again entered a take-nothing judgment. This time there was no appeal.