On May 18, 2014, plaintiff Lisa M. Brewer (“Brewer”),52, was driving a 2005 Chevrolet 1500 pickup north on State Highway 80 in Luling, Texas. Gerardo Sandoval (“Sandoval”) was southbound in a 2007 Freightliner owned by Downing Transportation Inc. Sandoval suddenly and unexpectedly attempted a left turn in front of Brewer, and the vehicles collided. Sandoval was cited for failing to yield the right of way in connection with the wreck. Brewer was not issued any citations.
Sandoval’s employer was Downing Transportation, Inc. (“Downing”) and he was driving the truck in the course and scope of his employment for Downing or its subsidiary, G&D Trucking Inc.(“G&D”).
Brewer sued Sandoval for failure to yield the right of way and making an unsafe left turn. She sued Downing and G&D on a theory of respondeat superior because Sandoval was employed by one or both of the Defendants and was driving the truck in the course and scope of his employment.
The electronic control module (ECM) download from Brewer’s vehicle showed that she was traveling at an appropriate speed at the time of the wreck. The Defendants did not contest that the wreck was Sandoval’s fault.
Ms. Brewer’s injuries included herniated discs at C5-6, C6-7, L4-5 and L5-S1. Ms. Brewer also sustained injuries to her head, arm and shoulder. Ms. Brewer was transported by ambulance to Brackenridge Hospital in Austin, Texas where she underwent extensive testing and treatment on the date of the wreck.
Ms. Brewer underwent conservative treatment for her injuries, including attempting physical therapy. However, the physical therapy caused her pain and her pain management doctor ordered her to stop it. She underwent a series of epidural steroid injections (“ESIs”) and follow up MRIs of her cervical and lumbar spine were performed at Brio MRI in San Antonio. Her pain management doctor, Dr. Gutierrez, then referred her for a surgical consult with noted neurosurgeon Karl Swann, M.D. in San Antonio. Dr. Swann recommended she undergo an anterior cervical discectomy and cage interbody fusion with allograft and anterior plating at C5-6 and C6-7. This surgery was performed by Dr. Swann on May 13, 2015.
Ultimately, at the request of Defendants, an informal settlement conference was held at Defendants’ attorneys’ office in San Antonio, Texas and the case was resolved.