Construction Defect Trials

At Brock Person Guerra Reyna, we have tried hundreds of cases over the years, too many to include in this website. We have, however, chosen to include each of those cases governed by a jury verdict where the amount sought was in excess of $500,000. It is important to note that we have included every case tried under this broad category, not just select verdicts.

Sanchez v. SpawGlass Inc., et. al. (Bexar County) Plaintiff was walking to work on a sidewalk and was killed (electrocuted) when she stepped on an energized metal lid of an electrical pull box. The pull box was on a sidewalk that was being worked on as part of the UTSA Downtown Project. The two minor children of the Plaintiff sued the general contractor in charge of renovating UTSA Downtown as well as other subcontractors responsible for work around the sidewalk and electrical pull box. Two of the five Defendants settled the week prior to trial for $2,500,000. The case proceeded to trial against the remaining three Defendants. The Plaintiffs asked the jury to award $20,000,000. The pre-trial demand to SpawGlass (general contractor) was $12,500,000. The pre-trial offer from SpawGlass (general contractor) was $10,000. The jury returned a verdict of $7,590,000 in favor of the Plaintiff against four of the five Defendants. The jury returned a zero verdict in favor of SpawGlass, Inc (Brock Person Guerra Reyna client).

Robles v. Clark Construction Company (Bexar County) Plaintiffs (3 adults, 2 children) were in an automobile accident allegedly caused by a five inch roadway drop off. The roadway was under construction at the time and the Plaintiff alleged that the Defendant did not follow the State of Texas plans and specifications in constructing the road (which only permit a two inch drop off). One Plaintiff (mother) was killed and another (daughter) suffered a brain injury and a laceration which caused her to lose 95% of her intestine. The collective medical specials were $774,000. The lost wages of the father, who could not return to work after the accident and resulting surgery, were $283,000. The Plaintiffs asked the jury to award $15,000,000. The pre-trial demand was $5,000,000. The pre-trial offer was $100,000. The jury returned a zero verdict in favor of the Defendant.

Manrique v. Warning Lites of Texas (Hidalgo County) Plaintiff was working in a construction zone when he was run over by a vehicle driving through the area. Plaintiff alleged that the temporary pavement markings created a confusing lane channel for the driver which struck him, causing the accident. The force of the impact propelled Plaintiff into hot tar, resulting in 3rd degree burns. He also suffered from a traumatic brain injury which left him functioning at the level of a four (4) year old child. He was not able to give testimony in the case. Brock Person Guerra Reyna was hired at 4:00 p.m. the Friday before trial. The medical specials were $2,213,000 and the lost wages were $270,000. The Plaintiff asked the jury to award $10,600,000. The pre-trial demand was $2,000,000. The pre-trial offer was $100,000. The jury returned a zero verdict in favor of the Defendant.

Trevino v. Holub Custom Homes (Bexar County) Plaintiffs hired Defendant to build them a custom home. Two months after the Plaintiffs moved in, and the first time they used the gas fireplace in the master bedroom, the house caught fire and completely burned to the ground. Plaintiffs were home at the time and witnessed their home and all its contents destroyed. The property damage was $2,250,000. The Plaintiff asked the jury to award $8,000,000. The pre-trial demand was $1,750,000. The pre-trial offer was $300,000. The jury returned a zero verdict in favor of the Defendant.

Castillo v. Flasher Equipment Company, et. al. (Maverick County) Plaintiff was killed in a head on automobile accident which took place in a construction zone late at night. Plaintiff alleged that the traffic control plan was not being followed by the subcontractor on the job (Flasher Equipment CompanyBFEC) and that they, along with the general contractor, did not properly mark the roads, creating a confusing lane channel which caused the accident. The Plaintiff asked the jury to award $7,500,000. The pre-trial demand to FEC was $7,500,000. The pre-trial offer from FEC was $1,000,000. The jury returned a verdict of $3,500,000 against the general contractor. The jury returned a zero verdict in favor of Flasher Equipment Company (Brock Person Guerra Reyna client).

Burgess v. Stephens Martin Paving (McCullough County) Plaintiff was a passenger in a vehicle being driven on a state highway that lost control due to an allegedly dangerous drop off on the road (where it transitioned from paved highway to milled asphalt). The Plaintiff was ejected and was killed. The Plaintiff contended that the roadway drop off was dangerous and failed to meet the plans/specifications set forth by the Texas Department of Transportation. The roadway was under construction at the time of the incident. Several witnesses were called (including the county judge) who testified that there were no warning signs present and that the transition was “like driving on ice.” The Plaintiff asked the jury to award $4,600,000. The pre-trial demand was $1,000,000. The pre-trial offer was $175,000. The jury returned a zero verdict in favor of the Defendant.

McBryde, et al. v. Foremost Paving Company (Jim Hogg County) Plaintiffs (4 adults) were ejected and injured in a single vehicle accident when their truck rolled off a state highway, allegedly due to a three inch roadway drop off. Plaintiffs claimed the roadway was constructed defectively by Defendant and had a shoulder drop off greater than that prescribed by the Texas Department of Transportation. Two Plaintiffs were airlifted to the hospital, one with a traumatic brain injury and one with a broken pelvis. The other two Plaintiffs suffered shoulder injuries. The Plaintiffs hired seven liability and damages experts. The trial judge struck the lone defense expert (liability). The collective medical specials were $126,500. The Plaintiffs asked the jury to award $3,000,000. The collective pre-trial demand was $1,500,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiffs).

Schnabel v. C&J Heating & Air Conditioning Company (Bexar County) Plaintiff, a 95 year old widow, hired Defendant to inspect and service her heating system. Defendant admittedly told Plaintiff her heating system was in good working order. Shortly after the inspection, the house caught fire and completely burned to the ground. Plaintiff was home at the time and witnessed her home of over fifty years and all its contents destroyed. The Plaintiff hired eight liability and damages experts. The Defendant hired none. The property damage was $500,000. The Plaintiff asked the jury to award $1,000,000. The pre-trial demand was $750,000. The pre-trial offer was $150,000. The jury returned a zero verdict in favor of the Defendant.

Gluckman v. Badeco (Bexar County) Plaintiff sued for property damage and bodily injuries after exposure to mold stemming from construction work being performed by the Defendant at Plaintiff’s residence. Plaintiff alleged that sewage backed up into Plaintiff’s residence as a result of underground drilling. Plaintiff went to the hospital after exposure to the sewage and later underwent treatment for illness after exposure to mold. Plaintiff missed six months from work as a consequence. The specials were $375,000. The Plaintiff asked the jury to award $800,000. The pre-trial demand was $350,000. The pre-trial offer was $100,000. The jury returned a zero verdict in favor of the Defendant.