MOTOR VEHICLE NEGLIGENCE. Auto/Pedestrian Collision. DEFENDANT'S VERDICT

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Verdicts by Category

MOTOR VEHICLE NEGLIGENCE

Auto/Pedestrian Collision

DEFENDANT’S VERDICT

Motor vehicle negligence – Auto/pedestrian

collision – Defendant strikes plaintiff as plaintiff

walks dog near apartment complex where he

lived – Rib fracture – Concussion.

Harris County, TX

The plaintiff in this motor vehicle negligence

action maintained that he suffered various bodily

injuries when he was out walking his dog and

was struck by the defendant motorist. The

defendant denied being negligent and

maintained that it was the actions of the plaintiff

that caused any contact between the plaintiff and

the defendant’s vehicle and any resulting

damages.

On January 13, 2017, the male plaintiff was walking his

dog on McCue Road in Houston, Texas. The defendant

was operating his motor vehicle on McCue when he

struck the plaintiff. The plaintiff estimated that the defen-

dant was driving at approximately 35 mph.

The allegations of negligence against the defendant

contained in the petition were failing to keep a proper

lookout, failing to control the speed of the vehicle, fail-

ing to timely apply the brakes in time to avoid a collision

and failing to reasonably act. The plaintiff suffered a

right posterior rib fracture, concussion and a severe

sprain to the right elbow.

The jury found no negligence on the part of the

defendant.

REFERENCE

James Quiroga vs. Edward Gardner. Case no.

201870266; Judge Jaclanel M. Mcfarland, 04-22-22.

Attorney for plaintiff: Farrah Martinez of Farrah

Martinez, PLLC in Houston, TX. Attorney for

defendant: William Rustam of Walters Balido & Crain

in Houston, TX.

Head-on Collision

$8,976 RECOVERY

Motor vehicle negligence – Head-on collision –

Plaintiffs’ host vehicle and defendant traveling in

opposite direction when defendant loses control

and crosses center line striking plaintiffs’ host

vehicle head on – Multiple contusions and

abrasions to 2 minor plaintiffs.

Travis County, TX

This settlement was reached following a collision

that the plaintiffs maintained caused the minor

passengers to sustain injuries. The collision

occurred when the defendant was driving too fast

and hydroplaned on a puddle, crossing the center

line and striking the plaintiffs host vehicle head

on. The defendant denied all allegations of

negligence and injury.

On February 10, 2020, the 2 female minors were pas-

sengers in a vehicle being operated by their grandfa-

ther. The vehicle was traveling southbound on Interstate

highway 35 in Austin Texas. At the same time and place,

the defendant was traveling in the opposite direction on

IH-35. The defendant was traveling too fast and encoun-

tered a puddle where his vehicle hydroplaned and

crossed the centerline striking the plaintiffs host vehicle

head on.

The plaintiffs maintained that the defendant driver was

negligent in operating a vehicle add an excessive rate

of speed, failing to have the vehicle under proper and

adequate control, operating the vehicle too fast for

conditions and failing to make maneuvers to avoid strik-

ing the plaintiffs’ vehicle. Consequently, the 14-year-old

female plaintiff sustained bruising and contusions to

both arms. The 12-year-old female plaintiff sustained

contusions and abrasions to her arms and legs as well

as shoulder pain.

The parties settled their dispute with the 14-year-old be-

ing awarded $1,976 and damages and the 12-year-old

being awarded $7000, for a total of $8,976.

REFERENCE

Isabella and Davina Sanchez by Anthony Joe Campos

vs. Melissa Alva Platta. Case no. D-1-GN-21-000447;

Judge Catherine A. Mauzy, 03-10-20.

Attorney for plaintiff: Jason Luke Dow in Austin, TX.

Attorney for defendant: Paul Campolo of The Law

Offices of Maloney & Campolo in San Antonio, TX.

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