Wrongful Death
Burgess v. Stephens Martin Paving
(McCullough County) Plaintiff was a passenger in a vehicle being driven on a state highway that lost control due to an allegedly dangerous drop off on the road (where it transitioned from paved highway to milled asphalt). The Plaintiff was ejected and was killed. The Plaintiff contended that the roadway drop off was dangerous and failed to meet the plans/specifications set forth by the Texas Department of Transportation. The roadway was under construction at the time of the incident. Several witnesses were called (including the county judge) who testified that there were no warning signs present and that the transition was “like driving on ice.”
The Plaintiff asked the jury to award $4,600,000. The pre-trial demand was $1,000,000. The pre-trial offer was $175,000. The jury returned a zero verdict in favor of the Defendant.
Rose v. Rush Truck Centers
(Webb County) Decedent Rose was involved in a fatality accident with an 18 wheel tractor trailer. The estate and survivors of the decedent sued Rush Truck Centers alleging that they failed to properly inspect and repair the subject tractor trailer prior to the fatality accident and that it was the primary cause of the occurrence.
The Plaintiffs asked the jury to award $3,000,000. The pre-trial demand was $1,000,000. The pre-trial offer was $200,000. The jury returned a zero verdict in favor of the Defendant.
Floyd v. Thomas Martindale
(Travis County) Plaintiff, a 24 year old nurse, was killed when her vehicle was struck at an intersection by the intoxicated Defendant who was speeding and who ran a red light. The Defendant, who was on his way home from an all nude bar, was driving in excess of 80 mph in a 50 mph zone. The Defendant was convicted before trial of criminally negligent homicide and served several years in prison.
The Plaintiffs, decedent’s parents, asked the jury to award $6,000,000. The jury returned a verdict in favor of the Plaintiffs in the amount of $800,000.