Jon Homen Settlement Package Jon Homens Background Associate

Jon Homen Settlement Package

Jon Homen's Background • Associate Degree in Ranch Management • Degree in Aeronautical Engineering • Aviator • Tool and Die Maker • Served in Viet Nam • Served in Special Services Decorations: Sixteen Air Medals Army Commendation Medal Purple Heart 2

Jon Homen's Activities 3

Jon Homen Taught At-Risk Kids 4

Jon Homen's Future Looked Bright Jon began working at Blackwell Electric, Inc. on 9/20/06. • • • Had a strong work ethic. Kept up with a 11. 5 hour work day. Prided himself on being able to out perform the younger men in his crew. He doubled production for the company. During his employment, profits increased $1. 5 million. He was held in high regard by the company and subordinates. 5

Jon Homen's Future Looked Bright Jon was offered a job as a pipeline inspector that paid over $13, 000 per month in salary and benefits. 6

Jon Homen's Future Changed in a Few Seconds 7

Jon Homen's Future Changed in a Few Seconds 8

Jon Homen's Future Changed in a Few Seconds 9

Jon Homen's Future Changed in a Few Seconds Even though Jon Homen was wearing a seat belt, he was ripped from the driver seat and found 10 feet behind his truck. 10

Notification of the Accident to Jon's Wife, Karen stated: “My mind started racing, what to do first…. I called my daughter, Jaime and asked her to contact all the other children…. ” “I started trying to reach someone in Emergency at the hospital for information. On the first call he hadn’t arrived yet. Each progressive call got worse. Several careflights had come in, call back in a little bit. The next call they were still assessing patients. Call back again. The next call they revealed that a patient had come in with no I. D. , they couldn’t release any information on his condition. I tried to give them some physical I. D. but they wouldn’t accept them, still giving me nothing. At this point I was just a little over half way there and now I was physically ill and had to stop. Precious time wasted. Mark called me to say they’d taken Jon to surgery – but still not what for. The next call came in to me from the Chaplin’s Service at the hospital. They said to call their office when I arrived and someone would come to meet me and take me where I needed to be. Still no information as to his condition and now the Chaplin’s Service is calling me. My mind started racing as to what it would mean if Jon was gone. ” 11

Notification of the Accident to Jon's Wife, Karen stated: “The doctor came in to tell us they hadn’t been able to stop the bleeding and had to remove his spleen. ” “He would be moved to ICU where, little did we know, we would spend the next three and a half weeks. We wouldn’t return home for another sixty days. ” “The next three and a half weeks would bring with them questions, a spleenectomy, broken, displaced ribs, Acute Respiratory Distress Syndrome (ARDS), infections, pneumonia, transfusions (too many to count), a tracheotomy, a two week coma, banks of IV’s, tube feedings, a decubitus and hip surgery. He missed his sixty sixth birthday while in the coma. ” 12

Pain and Suffering Jon stated: “I woke up in ICU not knowing what day it was or how long I’d been there. Being very claustrophobic, I’d been fighting my restraints and couldn’t understand why I was tied down and couldn’t speak. When I fully awoke, I started looking around, only to find banks of IV pumps going with about a dozen IV’s running into me. I literally had tubes everywhere. I couldn’t speak because sometime during my coma I’d had a tracheotomy and was on a ventilator. There was nothing on me that didn’t hurt. ” 13

Pain and Suffering Karen stated: “The kids would come to visit and see their Dad so swollen that he was almost unrecognizable. They’d talk amongst themselves that he wouldn’t make it. His arms looked like sausages about to pop and his hands were split and oozing. His torso was covered in deep road rash gouges that wept. But I kept reminding them that he was tough and in great physical condition at the time of the accident. He WOULD make it…. I wouldn’t consider anything else. I didn’t let my guard down in front of others but I must admit there were private times when my resolve broke and I wasn’t sure myself. ” 14

Pain and Suffering Extent of Injuries: • • • • Coma for Two Weeks (missed his birthday celebration) Ruptured Spleen (required a spleenectomy) Torn Bladder Broken and Displaced Ribs Broken Pelvis Broken and Surgically Repaired Hip Torn Ligaments in Right Shoulder Acute Respiratory Distress Syndrome (required a tracheotomy) Hernia Numerous Blood Transfusions Infections Pneumonia Tube Feedings Decubitus Peyronie’s Disease 15

Pain and Suffering Karen stated: “On Day 24 we left ICU and moved to Surgery, 5 th Floor to transition until he’s accepted into Physical Therapy/Rehab. On Day 27 he had his first solid food. Nicole from Physical Therapy Wound Care would start the debriding process on the decubitus. She would continue this process of cutting away dead tissue with a scalpel everyday for the next three weeks. ” 16

Pain and Suffering Karen stated: “It was so hard watching Jon in so much pain, he was very confused from the coma and his comprehension wasn’t normal. Jon’s hand-eye co -ordination was compromised by the coma and he struggled to communicate his wishes. It was a very frustrating time for us both. Still on IV antibiotics, multiple pain medications and still listed as critical/stable as long as he’s on the respirator. We’ve been here a month and I’m so, so tired. I try to stay positive for Jon but I’m exhausted on the inside. ” 17

Pain and Suffering Karen stated: “Rehab won’t take you on IV’s and Jon’s still on IV antibiotics. He still has an infection. A PICC Line was inserted in his upper left arm. There were nerves damaged during the procedure and now Jon has two numb fingers and loss of strength in his left hand. Sometimes he just drops things without control. He’s always worked with his hands so this will have a long term affect on his life. He’s running high fevers again and having to be packed in ice at night. I stay until his fevers drop. Fourteen to eighteen hour days are taking there toll on me and the stress never lets up. Each hour and each day bring new problems and conditions. ” 18

Pain and Suffering Karen stated: “Finally cleared to move the Physical Therapy (STC 4) on day 32. Jon really wants to start Rehab but he’s afraid he’ll fail because of his physical condition. He seems to have lost his attack, everything’s a challenge but I can beat it, attitude. I’m concerned his ‘fight’ is gone. He’ll lose this battle without it. ” 19

Pain and Suffering Karen stated: “Jon finished Rehab, leaving the hospital on Day 60. We went home with a walker, wheelchair, toilet risers, oxygen, Physical Therapy aides and a wound vac that ran 24/7. With the wound vac also comes Home Health Care three times weekly for the next five months. Home Health Care would continue weekly through October 2008. ” 20

Pain and Suffering Karen stated: “Shortly after coming home his emergency spleenectomy incision herniated. It started growing and by the time he qualified for the surgery on June 5, 2008 it reached from his sternum to below his navel. It would take a four and a half hour surgery, with twenty three scope incisions and a 10’ by 15” piece of mesh to repair. Another week in the hospital and a bout of pneumonia. ” 21

Pain and Suffering Karen stated: “Finally on October 15 he had Flap Surgery to close the decubitus that would never heal. He was required to lay one week in the hospital on a floating airbed and wasn’t allowed to move. Then there was 5 weeks of NO SITTING and no lying on his back. It’s either lay down or stand. ” “Just as the six weeks are up and expecting release there’s a subcutaneous suture abscess rupture. Dr. Simpson opened it up and I continued to pack the wound for another two weeks. After two weeks another surgery was required to close it again. This surgery brings with it six more weeks of no sitting again. ” 22

Pain and Suffering Jon stated: “The torn cartilage at the top of my right shoulder prevents me from roping and hunting with my compound bow. I used to shoot my shotgun in Sporting Clays but I hurt for a week or more now if I try to compete. These are three of the activities that I enjoyed the most. ” “Since the accident I have numbness along both legs, my crotch and scrotum. I also have scaring in my penis (trauma induced Peyronie’s Disease) which precludes a normal erection. ” 23

Pain and Suffering Jon stated: “Since the accident the constant debilitating pain in my back and neck can only be controlled with drugs at times. It also hurts so bad that I have to go to bed. ” “While in Rehab, it was determined that I needed a PICC Line to facilitate the antibiotic administration and blood drawing. During the procedure a nerve was injured causing me to have two fingers that are totally numb. At times, if I try to pick something up, I will drop it. ” 24

Pain and Suffering Jon stated: “The pain in my crotch, buttocks and scrotum prevent me from sitting for any length of time. I use an air cushion to sit at home and in the car. Traveling for any distance is very painful. I have to have a transport bed and only lay on my side. ” 25

Pain and Suffering Jon stated: “All in all, I have had to endure constant pain and frustration over the last eighteen months. Medically there seems to be one setback after another. ” “I can’t work. I can’t even be slightly as active as I was. This has become extremely frustrating. The constant pain and inactivity has changed everything about the way I live. ” “I have had to suffer the embarrassment of needing a nurse or my wife to help me use the bathroom. ” “I have suffered the frustration and discomfort of having multiple dressing changes daily. A dressing that I cannot see and need to depend on someone else for. “ “Because of trauma induced Peyronie’s Disease, my sex life before was far more satisfying than it is now. ” 26

Pain and Suffering Jon stated: “In a very short period of time, I went from a 65 year old man, who could on any day do as much or anything physically that a man half my age could. Now, with the pain and limitations imposed by my injuries, I can only perform at approximately one quarter (1/4) of my former abilities. ” “I need to work, yet I have been forced to endure endless boredom and continuing recovery from all my injuries and surgeries. Doctors have told me that it will be two to three years before I can begin to return to my old self. At my age that is a very large chunk of precious time. It is also that much harder to recover from each setback. The fact that all of this was caused by someone who’s driving position was way above his experience level makes it even worse. I will be reminded everyday, with every painful step, the irresponsibility of Acme Trucking and its 27 owners. ”

Economic Impact Karen stated: “I had no choice but to stay at the hospital and oversee Jon’s care and treatment, but I had walked off and left friends and neighbors with all of my responsibilities. I work two jobs, have a home on eleven acres with goats, kids, horses, two cats, two dogs and a lovebird. I constantly worried about how to keep my home running from long distance, paying bills, buying feed and making everyone cover for me at work. I rarely ever asked for help so this was very, very hard for me, but I had no options. ” 28

Economic Impact Karen stated: “I finally had to go home on day 47 for one day. The neighbors called saying we have no water. The well was out and my livestock has no water. Just one more problem to address. Major expense when neither of us is working and precious time away from the hospital where I need to be. ” 29

Economic Impact Jon attempted to return to work for a short time, but was unable to perform his normal work duties. He was in too much pain. He has not been able return to work at Blackwell Electric, Inc. since the accident on August 28, 2007. This has been a tremendous strain on their finances. 30

Economic Impact Jon stated: “In December, 2007 I received a call from a friend, Joseph Hammell. He offered me a job as a pipe line inspector. This job pays over $13, 000. 00 a month in salary and benefits. I was to be put on stand-by February 15, 2008 at $346. 00 a day until the first of April, 2008 when the job was to start. I had been told the injury on my back would be healed by then. When April arrived and I was not healed I had to forfeit the job. This alone has cost me over $172, 000 in the last year. ” 31

Economic Report Jon’s Lost Wages from Blackwell Electric $ 71, 775. 00 Jon’s Lost Wages from MBF Inspection Services, Inc. $ 179, 850. 00 Karen’s Lost Wages from Town and Country Cleaners $ 5, 400. 00 Karen’s Lost Wages from Blanco Floral $ 7, 117. 50 Medical Expenses $ 515, 931. 81 Out of Pocket Expenses$ 8, 412. 64 Total Economic Damages (as of 4/10/09) 788, 486. 95 $ 32

Acme Trucking's Negligence and Gross Negligence • In Olfenberry’s speeding in an unsafe manner; • In Olfenberry’s operation of Acme’s truck in violation of his driver’s license restriction A, without wearing corrective lenses; • In Olfenberry’s operating Acme’s truck on the wrong side of the roadway when not passing; • In Olfenberry’s losing control of Acme’s truck; • In Olfenberry’s failing to safely operate Acme’s truck around a marked curve; • In Acme’s allowing Olfenberry to operate its truck when Acme knows Olfenberry is an inexperienced and reckless driver; • Negligently entrusting Acme’s truck to Olfenberry. 33

Acme Trucking Jasper Olfenberry Criminal Record • Possession of a Controlled Substance greater than 1 gram and less than four grams; • Possession of Marijuana less than 2 ounces; • Assault Causing Bodily Injury; • Resisting Arrest; • Evading Arrest; • Driving with License Suspended. 34

Devastating Change Karen stated: “Jon has only a lifetime of pain to look forward to. The man who’s mind was quick and sharp is gone, changed. His memory has been compromised, slowed by trauma, lengthy coma and medications. He gets so frustrated when it’s hard for him to choose his words or he can’t remember something he just heard. ” 35

Devastating Change Karen stated: “Jon has only a lifetime of pain to look forward to. The man who’s mind was quick and sharp is gone, changed. His memory has been compromised, slowed by trauma, lengthy coma and medications. He gets so frustrated when it’s hard for him to choose his words or he can’t remember something he just heard. ” 36

Devastating Change Karen stated: “The concern that something else will go wrong weighs heavy on us both. Jon says he just can’t do any more surgery. He’s worn out. We both are. ” “Since August 28, 2007 every minute of everyday revolves around Jon’s health and well being. An accident like this has many victims. I have taken on all of our responsibilities and worries. I have been working only part time, scheduling my work around Jon’s doctor appointments, surgeries, hospital stays, recovery periods and physical therapy appointments. I’ve worried about needing to be replaced at work because of my long absences. There’s no way to convey my concerns over our long term finances should Jon not be able to work again. ” 37

Devastating Change Karen stated: “The days never end for me and time has no meaning anymore. I passed the point of exhaustion so long ago that I can’t remember a time when I had energy. ” “The doctors have told me that stress and worry would slow down Jon’s healing and recovery so I’ve shouldered everything in our lives myself. With this added stress to my life I’ve developed ‘stress induced’ high blood pressure, high cholesterol and my weight and physical condition have suffered greatly from our lifestyle changes. ” 38

Devastating Change Karen stated: “Because of the trauma induced Peyronie’s Disease Jon developed, our intimate relationship has suffered to the point of nearly non -existent. His disease is irreversible. ” “An accident like this has many victims. After the initial shock everyone’s lives go back to normal, what’s left are a few true friends and family that really care. But when everyone’s lives get busy or in the wee hours of the night, the only one left …. is me. No one else has spent the minutes and hours that turned into days and months without sleep and worry about Jon and our future. ” 39

The Ravaged Body… 40

Tormented Mind… Strained Relationship… 41

And Broken Dreams…. His painful burden the result of someone else’s negligence, during a trip on a rural road in Texas, he would have given anything to have missed. 42

These pictures show the destruction of a few seconds… 43

But the rest of the story lasts a lifetime. 44