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| Motor Vehicle |
| Airport buses collided in rear-end accident on wet streets
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| Mediation: $850,000.00 Attorney fees: $340,000 Litigation expenses: $30,000 |
| Case Type: Rear-ender, Negligence, Negligence - Negligent Supervision, Affirmative Defenses - Contributory Negligence, Motor Vehicle - Weather Conditions |
| Case: David Casteel v. Momentum Air, Ltd., Momentum Air Incorporated, and Paul Le, No. 2005-25736 |
| Venue: Harris County District Court, 333rd, TX |
| Judge: James J. "Tad" Halbach Jr. | John Kain |
| Date: 11-15-2006 |
| PLAINTIFF(S) |
Attorney:
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Expert:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Insurer:
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| Facts: At 9:35 a.m. on Nov. 2, 2004, plaintiff David Casteel, 52, was driving a bus at 3100 North Terminal Road at Bush Intercontinental Airport in Houston when he was rear-ended by a bus driven by Paul Le, who was in the course and scope of his employment with Momentum Air Ltd., Houston. Casteel sued Le, Momentum Air Ltd. and related entity Momentum Air Inc., alleging that Le was negligent in failing to keep a proper lookout and in failing to properly and timely apply his brakes, and that Momentum was negligent in Le's supervision and training. The defendants alleged that Casteel was contributorily negligent in that he backed his bus into Le's bus. The defendants also alleged the accident was unavoidable due to the road being wet.
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Injury: Casteel injured his neck and back. On Jan. 4, 2006, more than a year after the crash, Casteel underwent a three-level cervical fusion and was later determined by the Social Security Administration to be totally disabled. Casteel incurred $111,949.56 in medical bills. He claimed $47,925 in past lost wages for missing two years' work, and between $241,374 and $263,699 for loss of future earning capacity because of his total disability. In addition, Casteel sought $328,251 as the amount plaintiff's expert calculated for loss of past and future household services. The defendants alleged that Casteel's neck injury was a preexisting condition related to extensive disc degeneration. The defendants further alleged that the impact was minor and could not have caused the extensive injuries claimed by Casteel. The defendants alleged that the medical bills were excessive, no further medical treatment was warranted, and Casteel could return to work earning nearly the same wages as before the crash. Defendants also challenged the amount of damages plaintiff sought for loss of past and future household services.
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Verdict Information Eleven days before trial, the case settled.
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Awarded: $850,000 settlement; $340,000 attorney fee; $30,000 expenses
