DUI.Rear End Collision. DEFENDANT'S VERDICT

• Pages: 17-18

As a consequence of the defendant’s negligence, the

plaintiff suffered sprain and strain to her cervical/thoracic

and lumbar spine, cervicobrachial syndrome, left rotator

cuff sprain, cervical and lumbar segmental dysfunction

and muscle spasms. The defendant originally made a

general denial of all allegations of negligence and injury

and maintained that the actions of the plaintiff caused

or contributed to the accident. The defendant stipu-

lated liability prior to trial and case proceeded on the

issue of damages only.

The jury awarded the plaintiff $5,000 in past medical

expenses.

REFERENCE

Kim Nickerson vs. Isaac Gonzales. Case no. 201161791;

Judge R.K. Sandill, 01-13-17.

Attorney for plaintiff: Jerome Fjeld of Jerome Fjeld &

Associates PLLC in Houston, TX. Attorney for

defendant: John David Wittenmyer of Leboeuf &

Wittenmyer, P.C. in Houston, TX.

DEFENDANT’S VERDICT

Motor Vehicle Negligence – Rear end collision –

Defendant tractor-trailer driver rear ends the

plaintiff’s vehicle – Failure to maintain a proper

following distance – Lumbar disc injuries to

plaintiff driver – Cervical and lumbar injuries with

radiculopathy to plaintiff passenger.

Harris County, TX

The plaintiffs in this vehicular negligence action

maintain that they sustained injuries when their

vehicle was struck in the rear by the defendant

driver operating a tractor-trailer for the defendant

company. The defendants denied all allegations

of negligence and argued that the plaintiff driver

suddenly slowed or stopped his vehicle causing

the collision.

On August 5, 2013, the male plaintiff was operating a

vehicle in which his wife and two children were passen-

gers. The plaintiffs were traveling westbound on IH 10 in

Houston when their vehicle was rear-ended by a tractor-

trailer operated by the defendant individual, owned by

the defendant company. All of the occupants of the ve-

hicle claimed injuries as a result of the accident; how-

ever, the minor’s claims were removed from this action

and only the two adult plaintiff’s actions proceeded to

trial. The plaintiffs maintained that the defendant was

negligent in failing to control the speed of the vehicle,

failing to maintain a proper following distance and fail-

ing to keep a proper lookout. In addition, the plaintiffs

maintained that the defendant driver’s employer, Accel-

erated Transport LLC, was vicariously liable for the acts of

the defendant driver.

As a result of the accident, the plaintiff driver alleged he

suffered lumbar disc injuries which required a

microdiscectomy and has resulted in permanent lum-

bar pain. The female passenger suffered cervicalgia,

brachial neuritis and lumbar pain as a result of the acci-

dent. The defendants denied all allegations of negli-

gence and argued that the plaintiff made a sudden

and unexpected stop and caused the incident. Addi-

tionally, the defendants denied that the plaintiff sus-

tained any new or serious injuries as a result of the

collision.

The jury found no negligence on the part of the defen-

dant driver.

REFERENCE

Ivan and Mayra Morales vs. Collin Taplin and Acceler-

ated Transport LLC. Case no. 201402407; Judge Jeff

Shadwick, 02-02-17.

Attorney for plaintiff: Jason Aron Itkin of Arnold &

Itkin LLP in Houston, TX. Attorney for defendant:

Robert D. Brown in Houston, TX. Attorney for

defendant: Robert M. Browning of Brown Sims, P.C.

in Houston, TX.

DEFENDANT’S VERDICT

Motor Vehicle Negligence – Rear end collision –

Defendant strikes the rear of the plaintiff’s vehicle

– Failure to take evasive action to avoid striking

the plaintiff’s vehicle – Neck and back injuries –

Chiropractic treatment required.

Harris County, TX

The plaintiff in this rear end collision action

maintained that she sustained injuries to her neck

and back when the defendant negligently collided

with the rear of the plaintiff’s vehicle. The

defendant made a general denial of all

allegations of negligence and injury.

On February 3, 2016, the female plaintiff was traveling

west on Spring Stuebner Street in Harris County, Texas,

when suddenly and without warning, the defendant

struck the rear of the plaintiff’s vehicle. The plaintiff main-

tained that the defendant was negligent in failing to

properly apply the brakes, failing to keep a proper look-

out, failing to take evasive action to avoid striking the

rear of the plaintiff’s vehicle and failing to be attentive to

traffic.

As a result of the collision, the plaintiff maintained that

she suffered injuries to her neck and back which re-

quired several months of chiropractic treatment. The de-

VERDICTS BY CATEGORY 17

Texas Jury Verdict Review & Analysis

Subscribe Now