2nd District Court for Cherokee County, Texas
Cause No.: 2015-01-0012
Trial Date: November 26, 30, 2018
Case Type: Personal Injury
Summary: Interesting case where the Plaintiff and Defendant were traveling down State Highway 135, when a wreck occurred in front of them. A rear-end collision had occurred in the oncoming lane of traffic, pushing a car in front of Plaintiff, which led to a head-on collision. Shortly after that impact, my client’s vehicle struck Plaintiff’s vehicle. My client was driving a one-ton pickup, with a trailer loaded with a boom-lift. He had over 35,000 pounds between truck, trailer, and lift, and simply couldn’t get out of the way. Plaintiff suffered a partially collapsed lung, and injuries to ribs, neck, back, and shoulder. My client explained that Plaintiff pulled out in front of him on the highway, leaving very little room between their vehicles, and the wreck occurred less than half-a-mile later. Plaintiff couldn’t article what my client did wrong, other than to say he was too close. I argued that their proximity was a condition created by the Plaintiff. The jury deliberated 7 minutes and returned a verdict of no negligence.
Economic Damages: $36,351