Premises Defect

Johnston v. Six Flags Fiesta Texas

(Bexar County) Plaintiff sued for a traumatic head injury which resulted from striking her head while riding the Joker’s Revenge rollercoaster at Six Flags Fiesta Texas. There were eight other instances of head injuries which Plaintiff claimed supported her theory that the rollercoaster was unreasonably dangerous and that Defendant knew about it. The rollercoaster was removed from service after the incident involving the Plaintiff. Plaintiff’s treating doctors testified that she suffered from traumatic brain injury and other cognitive disorders which prevented her from working. The specials were $450,000.

The Plaintiff asked the jury to award $20,000,000. The pre-trial demand was $450,000. The pre-trial offer was $50,000. The jury returned a zero verdict in favor of the defense.

Aragona v. Lusby Enterprises

 (Hidalgo County) Plaintiff was asleep in her apartment when an intruder broke in and attempted to rape her. The assailant was a previous tenant of the apartment complex. Plaintiff claimed that Defendant knew of the assailant’s dangerous propensities and did not comply with her repeated requests to fix her security alarm. The Plaintiff suffered from depression after the assault and her medical specials were $22,000.

The Plaintiff asked the jury to award $1,500,000. The pre-trial demand was $275,000. The pre-trial offer was $50,000. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Blevins v. Choisser

(Bexar County) Plaintiff slipped and fell on the Defendant’s walkway.  The automatic sprinkler system ad activated while Blevins was in the house and he was forced to traverse the wet walkway.  Blevins subsequently underwent bilateral medial meniscus removal and had his back fused at L5-S1. 

Plaintiff demanded $175,000.  No offers were made.  Complete defense verdict.  Jury answered no liability.  The jury was out approximately 30 minutes.

Garcia v. R&R Trading

(Bexar County) Plaintiff was 5½ months pregnant when she entered the market.  As Plaintiff approached the front counter she slipped in a puddle of water and fell on her back.  The store clerk admitted to the Plaintiff that a previous customer had set bags of melting ice on the floor, which formed the puddle Plaintiff slipped in.  The store clerk was from India and had gone back to Bombay at the time of trial.  He had not been deposed.  Plaintiff’s testimony regarding the clerk’s admission was uncontroverted. 

At mediation the Plaintiff demanded $25,000.  Plaintiff was offered $12,000.  Jury found for the Defendant.  No negligence. 

Boyer v. Home Depot

(Federal Court, Corpus Christi Division) A gutter fell on Plaintiff’s foot, slicing the top of his foot open, severing nerves and at least one tendon.  Plaintiff requested a Home Depot employee call 911.  The employee returned a short while later with a standard first aid kit but had not called an ambulance.  Plaintiff continued to request Home Depot call an ambulance without response.  Plaintiff was later transported to the hospital where surgery was performed to repair his tendon that day.  Plaintiff was hospitalized for three days.  He subsequently developed an infection and was hospitalized for an additional week.  Plaintiff incurred in excess of $47,000 in medical bills and suffered an adverse effect to medication and was for a while paralyzed. 

Plaintiff demanded $90,000 to settle.  Defendant offered $25,000.  The offer was not accepted and the matter went to verdict.  The 12-member jury deliberated for 30 minutes before coming to its unanimous verdict, complete defense verdict, no negligence.

Olivio v. Cavender Management, Inc.

(Bexar County)  Plaintiff slipped and fell on a freshly-mopped floor.  Plaintiff sustained low back pain radiating down her lower extremities.  An MRI of the lumbar spine confirmed a bulging disc.  Epidural steroid injections failed to relieve her pain.  Both of Plaintiff’s medical experts testified live, her complaints were verifiable by MRI which showed a large bulge at L5-S1. 

Plaintiff asked for a jury award of $750,000.  No liability. Complete defense verdict for the Defendant.