Automobile Accident 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.


Salvatierra v. VIA Metropolitan Transit
(Bexar County) Plaintiff, a three year old child, was riding his tricycle on a sidewalk when he was run over by a 40,000 pound VIA bus. The bus was turning right at an intersection. The parents of the child witnessed the accident. The child's leg was severed by the tires of the bus and could not be reattached. The medical specials were $600,000 and the lost wage earning capacity was $200,000. The Plaintiffs asked the jury to award $30,000,000. The pre-trial demand was $5,000,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

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.

Ramirez v. Transportation Services, Inc. (Hidalgo County) Plaintiff, a minor, was killed when the vehicle in which she was riding was involved in an accident with a fully loaded 18 wheel TSI tractor trailer on an interstate highway. The Plaintiff alleged that the accident was caused by the Defendant's negligence and failure to follow the mandates of the Federal Motor Carrier Safety Act. The Plaintiff asked the jury to award $10,000,000. The pre-trial demand was $1,800,000. The pre-trial offer was $0. 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).

Kennedy v. Grocers Supply Company (Bexar County) Decedent had a vehicle break down on IH-10 near Kerrville, Texas. Plaintiff alleged that the decedent was killed when Defendant's 18 wheel tractor-trailer veered onto the shoulder and struck decedent. The lead investigating DPS Trooper testified that the Defendant driver admitted he was fatigued and had only gotten 4 hours of sleep the night before. He reconstructed the accident and determined that it took place on the shoulder. Defendant claimed that the decedent was partly in the lane of travel when he was struck. The lost wages were $600,000. The Plaintiff asked the jury to award $6,000,000. The pre-trial offer was $125,000. The jury returned a zero verdict for the defense, assessing 100% negligence on the Plaintiff.

Luna v. Acme Brick Company (Bexar County) Plaintiff was on his way to work and operating a motor vehicle which became disabled in the travel lanes of an interstate highway. Defendant, who was driving a fully loaded 18 wheel tractor-trailer, was traveling in the same direction as Plaintiff. Defendant struck and killed Plaintiff as Plaintiff was attempting to exit his vehicle. Defendant had his cruise control set at the speed limit (65 mph) in light rain and fog, which Plaintiff alleged was too fast for the conditions. The economic specials were $350,000. The Plaintiff sued on a negligence theory and asked the jury to award $5,000,000. The pre-trial demand was $1,000,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

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.

Pearson v. DeBoer, Inc . (Hidalgo County) Plaintiff was injured in an automobile accident when he was rear ended on an interstate highway by a fully loaded 18 wheel DeBoer tractor trailer. Plaintiff was transported to the hospital with a traumatic brain injury. He was not able to return to work after the accident. The medical specials were $1,415,000 and the lost wages were $828,000. The Plaintiff asked the jury to award $4,000,000. The pre-trial demand was $1,200,000. The pre-trial offer was $350,000. 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).

Rose v. Rush Truck Centers (Webb County) Decedent Rose was involved in a fatality accident with an 18 wheel tractor trailer. The estate and survivors of the decedent sued Rush Truck Centers alleging that they failed to properly inspect and repair the subject tractor trailer prior to the fatality accident and that it was the primary cause of the occurrence. The Plaintiffs asked the jury to award $3,000,000. The pre-trial demand was $1,000,000. The pre-trial offer was $200,000. The jury returned a zero verdict in favor of the Defendant.

Rodriguez v. Tex-Pack Express, Inc . (Uvalde County) Plaintiffs (2 adults) were involved in an accident on a state highway with a TPE bobtail truck. One of the Plaintiffs was killed and the other suffered a broken neck (leaving her in a coma). The surviving Plaintiff was unable to return to work as an accountant after the accident. The surviving Plaintiff had medical specials that were $215,000 and lost wages that were $300,000. The Plaintiffs asked the jury to award $1,600,000.The pre-trial demand was $1,000,000. The pre-trial offer was $150,000. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Fore v. Vulcan Materials Company (Bexar County) Plaintiff was proceeding through an intersection with the right of way when a cement truck turned in front of her. Plaintiff alleged that Defendant failed to yield the right of way. The investigating officer, the accident reconstruction expert, and two eyewitnesses testified that Plaintiff had the right of way. Defendant contended that their driver had a protected turn arrow and that Plaintiff had enough time to avoid the accident if she had applied her brakes before entering the intersection. The specials were $72,500. The Plaintiff asked the jury to award $1,500,000. The pre-trial demand was $300,000. The pre-trial offer was $15,000. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Sowders v. TIC United (Western District of Texas) Plaintiff was rear ended on an interstate highway by a fully loaded 18 wheel tractor-trailer being driven by an employee of Defendant. Plaintiff claimed that Defendant was inattentive and following too closely. The investigating officer cited the Defendant as contributing to the accident. Defendant's driver claimed that Plaintiff cut in front of the tractor-trailer during heavy traffic and that an emergency was created. The past specials were $325,000. The Plaintiff sued on a negligence theory and asked the jury to award $1,300,000. The pre-trial demand was $475,000. The pre-trial offer was $325,000. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Leija v. Laredo Paving Company (Maverick County) Plaintiff was injured in an automobile accident when she was rear ended on a state highway by an 18 wheel LPC tractor trailer. The Plaintiff injured her jaw and neck, undergoing surgery. She did not return to work after the surgery. The medical specials were $70,000 and the lost wages were $350,000. The Plaintiff asked the jury to award $1,000,000.The pre-trial demand was $325,000. The pre-trial offer was $45,000. The jury returned a zero verdict in favor of the Defendant.

Pruneda v. VIA Metropolitan Transit (Bexar County) Plaintiff, a pedestrian, was crossing a downtown street within a crosswalk when she was run over by a 40,000 pound VIA bus. The bus was turning left at an intersection. Three eyewitnesses confirmed that the crosswalk signal favored the Plaintiff. The Plaintiff underwent lumbar surgery and was unable to return to work after the accident. The medical specials were $55,000 and the lost wages were $588,000. The Plaintiff asked the jury to award $1,000,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Roberts v. Jan Ogletree (Travis County) Plaintiff was stopped at a red light and was rear ended by the Defendant. Plaintiff underwent neck surgery after the accident. Defendant claimed Plaintiff's injuries were completely unrelated to the accident and that she should be awarded only the amount of her initial hospital visit after the accident. The past medical specials were $36,000 and the future medical specials were $495,000. The Plaintiff asked the jury to award $2,200,000. The pre-trial demand was $100,000. The pre-trial offer was $1,500. The jury returned a verdict for the Plaintiff in the amount of $1,000.

Howe v. Delta Tires, Inc. (Nueces County) Plaintiff, a firefighter, was injured in an automobile accident that occurred when the Defendant turned left in front of the Plaintiff's vehicle. Plaintiff underwent a number of operative procedures after the accident to repair a herniated disc, a compound fracture of the wrist, and a torn ACL of the knee. Plaintiff was unable to return to work after the accident. The Plaintiff called eleven liability and damages experts. The Defendant called none, but merely cross examined those of the Plaintiff. The medical specials were $175,000 and the lost wages were $232,000. The Plaintiff asked the jury to award $1,600,000.The pre-trial demand was $900,000. The pre-trial offer was $200,000. The jury returned a verdict of $143,400 in favor of the Plaintiff.

Solis v. Pepsi Cola Bottling Company (Maverick County) Plaintiff was rear ended by a fully loaded 18 wheel Pepsi tractor trailer while driving on an interstate highway. The tractor trailer was driven by an operator with a documented history of seizures who blacked out (but who was allowed to drive). The Plaintiff, a laborer, suffered five herniated discs and could not return to work after the accident. The medical specials were $75,000 and the lost wages were $525,000. The Plaintiff asked the jury to award $2,000,000. The pre-trial demand was $750,000. The pre-trial offer was $350,000. The jury returned a verdict of $436,000 in favor of the Plaintiff.

Floyd v. Thomas Martindale (Travis County) Plaintiff, a 24 year old nurse, was killed when her vehicle was struck at an intersection by the intoxicated Defendant who was speeding and who ran a red light. The Defendant, who was on his way home from an all nude bar, was driving in excess of 80 mph in a 50 mph zone. The Defendant was convicted before trial of criminally negligent homicide and served several years in prison. The Plaintiffs, decedent's parents, asked the jury to award $6,000,000. The jury returned a verdict in favor of the Plaintiffs in the amount of $800,000.

Platz v. Grant-Lydick Beverage Company (Bexar County) Plaintiff was driving a Ford Explorer when she suffered a tread separation of the Firestone Wilderness AT tire on the right rear of the vehicle. The vehicle rolled six times and the Plaintiff was killed. Her husband and two minor daughters were in the vehicle. At the time of her death, she was employed as an attorney making $160,000 per year. Plaintiff sued Ford on a product liability theory alleging that the vehicle was prone to rollovers and that the roof was of inadequate strength during such accidents. Plaintiff sued Firestone on a product liability theory alleging that the tire was prone to tread separation. The subject tire had been patched before the accident by Grant-Lydick Beverage Company. The area of the tire where the tread separated was at the point of the patch. Plaintiff settled with Ford and Firestone for $7,250,000. The Plaintiff asked the jury to award $7,500,000. The jury returned a verdict of $918,750 against the Defendant.

Witt and Villegas v. Rodney Passow (Travis County) Plaintiffs were in a vehicle that was involved in an intersectional collision caused by Defendant running a red light. There were several witnesses who confirmed Plaintiff's account. One of the Plaintiffs, 18 years old, had permanent damage and loss of function of his male organs after the incident. The Plaintiffs asked the jury to award $2,750,000.The jury returned a verdict for the Plaintiffs in the amount of $2,300,000.

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