$1,000,000.00 SETTLEMENT OF COMMERCIAL TRUCK WRECK AS REPORTED BY VERDICT SEARCH

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Pictured from left to right: Tab E. Lawhorn, Daryl L. Derryberry, Guy I. Wade, III and Craig D. Zips “Keeping Your Community SAFE One Case At A Time”

 

On July 2, 2014, our client, was operating a 10-wheeler truck on Interstate 20 West in Harrison County, Texas. The defendant was operating a Ford F-350 pickup truck, hauling a load of drill pipe on a flatbed trailer for an oilfield service company. The defendant negligently rear-ended our client, whose in-cab video camera recorded the violent jarring of the impact. The defendant’s truck burst into flames and our client pulled the defendant from her burning vehicle. The truck the defendant was operating was owned by or leased to an oilfield service company.

Our client hired our firm to sue the defendant for negligently failing to keep a proper lookout, driving too fast and following too closely. He also sued the oilfield service company under respondeat superior (being responsible for the negligent acts of the defendant) and for violating its policies by failing to conduct a post-accident drug test of the defendant; by failing to investigate the wreck; and by providing the defendant a company truck to drive even though she had five (5) prior convictions for moving violations under Texas law. The oilfield service company’s policy prohibited giving a company vehicle to anyone convicted of more than three (3) moving violations.

Our client also alleged that the defendant was a distracted driver (using her cell phone constantly for 44 minutes before the violent wreck and at the time of the wreck) and that the distracted driving caused the wreck. During that 44 minute period, her cell phone records showed 194 calls or text messages to or from a single number.

The defendant testified that she accepted responsibility for failing to control her speed and rear-ending our client. However, she also testified that she was not using her cell phone in any manner at the time of the wreck. Our client believes the cell phone records unequivocally showed that she was being untruthful in that regard.

Our client’s injuries included herniated discs and facet tears in his neck and back, as well as sustaining other injuries, harms and losses.

The wreck was in the afternoon, and our client sought medical treatment the next morning. He initially treated through workers’ compensation, but he felt that he was not receiving adequate care, and he sought treatment outside of the worker’s compensation system, including seeking treatment from a neurosurgeon. Our client tried physical therapy, but found it too painful.  Our client also underwent lumbar epidural steroid injections (ESIs) and, in April 2015, he had a discogram done as well.

In the summer of 2015, a neurosurgeon performed a posterolateral fusion in his back with placement of hardware (pedicle screws on the left). The neurosurgeon opined that our client’s neck and back injuries were caused by the wreck.

The oilfield service company and the defendant had $1,000,000.00 in liability insurance coverage and the entire policy limits were paid to our client to settle the case.  After payment of attorney’s fees ($400,000.00), expenses ($35,599.34) and medical bills ($160,429.31) the client netted ($403,971.43).

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DERRYBERRY ZIPS WADE LAWHORN, PLLC http://www.dzwlaw.com and http://www.urhurt.com 

 

VERDICT SEARCH REPORTS THAT THE PERSONAL INJURY ATTORNEYS OF DERRYBERRY ZIPS WADE LAWHORN, PLLC OBTAINED A $550,000 SETTLEMENT FOR THEIR CLIENT IN AN 18 WHEELER CRASH

Accidents involving 18 wheelers can cause serious injuries because of the size and weight of the tractor and trailer.

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.

TO STAY UP TO DATE WITH THE LATEST LAW NEWS, BE SURE TO FIND US ON FACEBOOK AT https://www.facebook.com/dzwlaw AND FOLLOW US ON TWITTER AT https://twitter.com/DZWLAW and https://twitter.com/URHURT

DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com and http://www.urhurt.com