Vehicle Accident

Richardson v. Lake

(Bexar County)  Defendant Lake undisputedly drove his vehicle into the back of the Plaintiff’s vehicle without ever touching the brakes.  Plaintiff treated medically for over two years.  Pre-trial demand:  $100,000 (policy limits).

 Pre-trial offer: $7,500.  Jury found the Defendant 100% negligent.  Awarded $0 in damages.

White v. Auto Masters Towing

(Bexar County) Plaintiff, 38, was driving a 4-door Mercedes when Defendant drove his 30 foot flatbed over the front left corner of the Plaintiff’s vehicle.  Defendant admitted he did not see the Mercedes.  Plaintiff suffered a herniated disc at C5-6.  Plaintiff also developed myofascial pain syndrome/fibromyalgia.  Plaintiff was earning $93,000 a year and lost 10 months of work related to the accident.  She returned to work for less than one year prior to filing for disability.  At the time of trial Plaintiff had remained off work. 

Plaintiff asked the jury for $285,000.  Offer at mediation $7,500.  Defense verdict –  Plaintiff found to be 70% at fault for the accident (jury would have awarded $5,751).

Schearer v. James

(Cameron County) Defendant attempted to pass Plaintiff who was in the process of making a left-hand turn.  Defendant and Plaintiff collided.  Defendant was elderly at the time and later passed away, before suit was filed.  The Defendant’s passenger (wife) was deposed after suit was filed.  She later passed away due to a heart condition.  At trial the Plaintiff was the only live witness.  Plaintiff claimed injuries to her cervical and lumbar spine. 

Plaintiff prayed for $75,000.  Complete defense verdict, no liability.

Miller v. Kendrick

(Travis County)  Motor vehicle collision.  The defense stipulated to liability.  Defendant claimed a migraine headache and refused to attend trial.  Plaintiff was hospitalized for two days following the accident and complained of cervical, lumbar and shoulder injuries.  She was diagnosed with myofascial pain syndrome.  Her therapy spanned 15 months. 

The Plaintiff, a CPA, testified to $14,000 in lost wages.  She demanded $50,000 in past and future impairment.  At mediation Defendant offered $25,000.  Plaintiff’s pre-trial demand was $82,000.  The  jury awarded $25,000

Curiel v. Gonzalez

(Bexar County) Plaintiff was rear-ended by Defendant.  Plaintiff sought medical treatment the same day and started epidural steroid injections for a cervical disc protrusion which had been confirmed by MRI.  The damage questions were predicated on liability and so were not answered. 

Plaintiff’s pre-trial demand was $80,000.  At an unsuccessful mediation, Plaintiff demanded $150,000 and the Defendant offered $5,000.  A defense verdict, Jury found no liability for this rear end collision.

Carbajal v. Maryland Casualty Company

(Victoria County) Third-party tortfeasor exited a parking lot and slammed into the Plaintiff’s vehicle as they drove down the street.  Plaintiff claimed a torn meniscus in both knees.  Doctor’s recommendation was bilateral surgery. 

Plaintiff demanded policy limits (UM/UIM).  No offer was made.  After a three-day trial the jury awarded $700 in past medical, and $2,500 for pain and suffering.

Prince v. Cane

(Bexar County) Defendant had a previous (and would suffer a subsequent) DWI conviction.  Plaintiff and her date were en route home when they were involved in the motor vehicle collision.  Plaintiff’s date anticipating the collision steered off the road but was chased by Defendant’s vehicle into the ditch where the collision occurred.  Plaintiff was treated in the ER and subsequently underwent MRIs and physical therapy.  Plaintiff’s injuries from the motor vehicle accident cost her a college volleyball scholarship. 

Plaintiff claimed injury to cervical and lumbar spine.  Liability was stipulated to.  Jury awarded 0 damages.

Rodriguez v. Garcia

(Bexar County) Plaintiff slowed her vehicle to allow a vehicle in front of her to make a right-hand turn into a parking lot.  Defendant was driving a full-size pickup and was unable to stop in time to avoid rear-ending the Plaintiff’s vehicle.  Plaintiff underwent emergency room treatment, physical therapy and an MRI confirmed a herniated cervical disc. 

The jury found 60% responsibility on Defendant, 40% on the Plaintiff.  After reduction for comparative fault, Plaintiff was awarded $1,800. 

Brown vs. Emmons

(Bandera County) Defendant skidded 155 feet before striking Plaintiff in the rear-end. Defendant was ticketed. Plaintiff fracturee his wrist requiring surgical repair.

Jury returned a verdict placing 75% fault on Plaintiff; Defendant paid nothing.

Bradley vs. Clayworth

(Bexar County) Defendant driving motorcycle collided with Defendant’s vehicle making a left turn in front of the cycle. Plaintiff herniated disc at three levels and surgery was recommended.

Jury found accident caused solely by Plaintiff.

Jennings vs. Colic

(Travis County) Defendant went to pharmacy, obtained Vicodin, Soma, and Xanax, took them, and ran into Plaintiff’s vehicle. Plaintiff sought $250,000 for punitive damages. Defendant died before trial.

Jury returned a verdict for Plaintiff for $11,700 in actual damages. Jury returned $1 punitive damage verdict.

Rodriguez DePena vs. Romo

(Uvalde County) Defendant struck Plaintiff’s vehicle when it pulled out from Garner State Park. Plaintiff, age 33, was killed but survived a few hours after the accident. Intervenor passenger Luna-Ora suffered a severe spinal injury and was in a coma for a month. She had semi-paralysis.

Jury found no negligence on Defendant driver.

Castillo vs. Sunderland

(Maverick County) Plaintiff Deceased, Roberto Castillo, collided head-on with Defendant, Carolyn Sunderland, at an intersection under construction by Price Construction. Plaintiff sued Sunderland and Price Construction. Plaintiff died at the scene burned beyond recognition.

Jury found no negligence on Defendant Sunderland.

Daves vs. Roeglin

(Bastrop County) Plaintiff rear-ended by Defendant who fell asleep at the wheel. Past medical bills exceed $30,000; future medical bills also exceeded $30,000; and Plaintiff was allegedly permanently impaired. Plaintiff’s attorney requested that the jury award $585,000.

Verdict returned for $12,541.

Cortez vs. Hernandez & Panalosa

(La Vaca County) Defendant Panalosa was driving our client’s vehicle (Hernandez). The vehicles hit head on. Panalosa was intoxicated. Plaintiff lost his leg and watched his wife die in the passenger seat.

Jury awarded nearly $3 million, but found no negligence on Defendant Hernandez.

Green vs. GEICO

(Travis County) Plaintiff, an attorney, was run over in a crosswalk by an underinsured motorist. Plaintiff recovered $100,000 from tortfeasors but sought $1 million from her UIM carrier.

Jury awarded approximately a total of $135,000; barely getting into the UIM limits.

Zapata vs. Trejo

(Zapata County) Defendant Trejo drank 11 beers, captured on video, and then picked up her son at baseball practice. She struck deceased Plaintiff Zapata (a bicyclist) on the way back to Defendant’s home. She was arrested the next day. By trial, she was serving time for intoxication assault. Defendant admitted fault at trial, but we contested gross negligence.

Jury found no gross negligence on Defendant despite a video showing her drinking 11 beers.

Reeves vs. Poteet

(Travis County) Defendant turned left in front of Plaintiff vehicle, flipped, and then was hit by multiple vehicles. Plaintiff was unwilling to accept a pro-rata settlement. Plaintiff was hanging upside down held in by the seat harness, and sustained severe injuries to her hip and legs. Medical bills exceeded $115,000 but were reduced by Medicare.

Jury returned a total verdict of a little over $40,000.

Contreras vs. Lopez

(Webb County) Defendant Lopez was traveling on roadway shoulder at a gas station, crossed a truck entrance, when he was struck by an FE Express truck entering the gas station. His car then struck and killed Samuel Castillo.

Plaintiff non-suited Defendant Lopez just before the case was submitted to the Jury. Jury apportioned 60% of the fault to FE Express and neither Plaintiff nor FE Express recovered from Defendant Lopez.

Murphy vs. Guzman

(Bexar County) Plaintiff was struck by Rasavi & Guzman, who allegedly ran through a red light striking her vehicle. Work was being performed at the intersection traffic light. The State of Texas testified the lights could not malfunction and that Defendants definitely ran a red light.

Jury found no negligence on any Defendant.