Construction Defect

McBryde, et al. v. Foremost Paving Company

(Jim Hogg County) Plaintiffs (4 adults) were ejected and injured in a single vehicle accident when their truck rolled off a state highway, allegedly due to a three inch roadway drop off. Plaintiffs claimed the roadway was constructed defectively by Defendant and had a shoulder drop off greater than that prescribed by the Texas Department of Transportation. Two Plaintiffs were airlifted to the hospital, one with a traumatic brain injury and one with a broken pelvis. The other two Plaintiffs suffered shoulder injuries. The Plaintiffs hired seven liability and damages experts. The trial judge struck the lone defense expert (liability). The collective medical specials were $126,500.

The Plaintiffs asked the jury to award $3,000,000. The collective pre-trial demand was $1,500,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiffs).