Premises 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.


Gaskill v. McDonald's Restaurants
(Bexar County) Plaintiff, a minor employee, was raped by a McDonald's manager (a registered sex offender who was hired without a criminal background check being performed). The manager had been previously convicted of sexually assaulting a nine year old girl and a thirteen year old girl. After the rape, the manager was convicted and sentenced to five years in prison. Three clinical psychologists testified that the Plaintiff suffered from Post Traumatic Stress Disorder after the rape. Brock Person Guerra Reyna was hired less than thirty days before trial. The Plaintiff asked the jury to award $25,000,000. The pre-trial demand was $2,000,000. The pre-trial offer was $600,000. The jury returned a zero verdict in favor of the Defendant.

Johnston v. Six Flags Fiesta Texas (Bexar County) Plaintiff sued for a traumatic head injury which resulted from striking her head while riding the Joker's Revenge rollercoaster at Six Flags Fiesta Texas. There were eight other instances of head injuries which Plaintiff claimed supported her theory that the rollercoaster was unreasonably dangerous and that Defendant knew about it. The rollercoaster was removed from service after the incident involving the Plaintiff. Plaintiff's treating doctors testified that she suffered from traumatic brain injury and other cognitive disorders which prevented her from working. The specials were $450,000. The Plaintiff asked the jury to award $20,000,000. The pre-trial demand was $450,000. The pre-trial offer was $50,000. The jury returned a zero verdict in favor of the defense.

Garza v. Sandalwood Management (Bexar County) Plaintiff was an invitee at a neighborhood bar on Defendant's premises. Plaintiff was involved in an argument with two intoxicated patrons who were asked to leave the bar. One of the intoxicated patrons ran over the Plaintiff as he was exiting the bar, severing his leg. The premises had a prior murder and prior armed robber on site. An adjacent property operated by the Defendant had 33 aggravated assaults in the year preceding this incident. The medical specials were $500,000 and the lost wages were $100,000. The Plaintiff asked the jury to award $12,000,000. The pre-trial demand was $5,000,000 and the pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant and assessed responsibility on the Plaintiff for causing his own injuries.

Lopez v. Days Inn (Nueces County) Plaintiff was killed in his hotel room by non-guests of the Days Inn. The hotel advertised security from 10:00 p.m. to 5:00 a.m., although the guard clocked out at 3:48 a.m. on the day of the murder. According to the medical examiner, the Plaintiff was killed between 4:00 a.m. and 5:00 a.m. The Plaintiff contended that the presence of a security guard would have deterred the murderers and prevented the killing. The Plaintiff asked the jury to award $2,000,000. The pre-trial demand was $750,000. The pre-trial offer was $30,000. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Aragona v. Lusby Enterprises (Hidalgo County) Plaintiff was asleep in her apartment when an intruder broke in and attempted to rape her. The assailant was a previous tenant of the apartment complex. Plaintiff claimed that Defendant knew of the assailant's dangerous propensities and did not comply with her repeated requests to fix her security alarm. The Plaintiff suffered from depression after the assault and her medical specials were $22,000. The Plaintiff asked the jury to award $1,500,000. The pre-trial demand was $275,000. The pre-trial offer was $50,000. The jury returned a zero verdict in favor of the Defendant (assessing 100% negligence on the Plaintiff).

Jordan v. VIA Metropolitan Transit (Bexar County) Plaintiff, 78 years old, blind, and wheelchair bound, rolled out of a VIA Trans van and onto her head. She died shortly thereafter. Plaintiff sued for negligence because her wheelchair was not secured with straps available on the van and because she was left unattended for several minutes. The Plaintiff asked the jury to award $1,000,000. The pre-trial demand was $100,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

Barrientes v. Thyssen Krupp Elevator (Bexar County) Plaintiff claimed to have been injured by an elevator which allegedly mis-leveled as she was exiting. There were two eyewitnesses who testified for the Plaintiff. Plaintiff pointed to other events of mis-leveling in the maintenance records. The medical specials were $50,000 and the lost wages were $25,000. The Plaintiff asked the jury to award $500,000. The pre-trial demand was $250,000 and the pre-trial offer was $125,000. The jury returned a zero verdict for the Defendant.

Mendiola v. Dover Elevator Company (Bexar County) Plaintiff sued for injuries sustained when an elevator in which she was riding allegedly failed, causing it to fall three stories. Plaintiff claimed permanent injuries and several years of missed work as a consequence. The specials were $345,000. The Plaintiff asked the jury to award $500,000. The pre-trial demand was $270,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

Gutierrez v. Dover Elevator Company (Hidalgo County) Plaintiff sued for injuries sustained when an elevator in which she was riding allegedly failed, causing it to fall from floor to floor until it came to rest. There were two other occupants of the elevator (also testifying witnesses). Defendant denied that there was any defect with the elevator and that the elevator functioned exactly as it should have under the circumstances. The specials were $135,000. The Plaintiff asked the jury to award $500,000. The pre-trial demand was $125,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

Rodriguez v. McDonald's Restaurant (Webb County) Plaintiff sued for injuries sustained after biting into a hamburger and puncturing her lip with a two inch portion of a hypodermic needle which was imbedded in the hamburger pattie. Plaintiff was with her young daughter at the time and two eyewitnesses confirmed Plaintiff's account. Plaintiff underwent testing for HIV/AIDS with no expert denying the possibility that she would develop the disease. The Plaintiff asked the jury to award $1,000,000. The pre-trial demand was $1,000,000. The pre-trial offer was $5,000. The jury returned a verdict for the Plaintiff in the amount of $1,000.

Pritchard v. Reed Construction (Freestone County) Plaintiff was working on an oil field well site when an unsecured flow line snapped under pressure, virtually severing the right leg of the Plaintiff. Plaintiff was the company man hired to supervise the well site. Plaintiff dragged himself 50 yards with his essentially severed leg and called for help. Plaintiff underwent seven (7) operations to save his leg. He missed two years of work after the accident. The past medical specials were $250,000. The past lost wages were $125,000. The Plaintiff asked the jury to award $950,000. The jury returned a verdict in favor of the Plaintiff in the amount of $450,000 (Plaintiff was found 45% negligent and Defendant was found 55% negligent).

Guajardo v. CMR Energy (Maverick County) Plaintiff was working on a well site for Defendant when he was exposed to large quantities of Hydrogen Sulfide gas that had escaped. Plaintiff claimed permanent lung damage, breathing difficulties, an inability to work, and a shortened life expectancy. The medical specials were $250,000. The Plaintiff asked the jury to award $6,000,000 and the pre-trial settlement demand was $3,000,000. The pre-trial offer was $500,000. The jury returned a verdict for the Plaintiff in the amount of $1,100,000.

Moses v. Thorp Petroleum Company (Starr County) Plaintiff was working on a start up compressor at a natural gas well site. He was attempting to purge impurities from a pressurized line when it exploded, propelling him 30 feet and into his own pickup truck. Plaintiff and two eyewitnesses testified that the job site supervisor never informed them that the lines were pressurized. Plaintiff underwent multiple surgical procedures for compound fractures to his leg and suffered from permanent double vision as a result of the explosion. The medical specials were $175,000 and the lost wages were $225,000. The Plaintiff sued on a premises defect theory and asked the jury to award $5,000,000. The jury returned a verdict of $3,000,000 against the Defendant.

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