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Houston Personal Injury Attorney Case Results:

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Airport buses collided in Houston rear-end accident; cervical disc injury; 3 level fusion neck surgery

Motor Vehicle

Airport buses collided in rear-end accident on wet streets

 

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:
  • Vuk S. Vujasinovic; Vujasinovic & Beckcom LLP; Houston, TX, for David Casteel
  • Brian A. Beckcom; Vujasinovic & Beckcom LLP; Houston, TX, for David Casteel


Expert:
  • None

DEFENDANT(S)
Attorney:
  • Courtney B. Nelson; Daw & Ray; Houston, TX, for Momentum Air Ltd., Momentum Air Inc., Paul Le
  • James L. Ray; Daw & Ray; Houston, TX, for Momentum Air Ltd., Momentum Air Inc., Paul Le


Expert:
  • None
Insurer:
  • Colonial County Mutual Insurance Company
  • 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.

     

     

     


    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.

     

     

     

     


    Verdict Information Eleven days before trial, the case settled.

     

     

    Awarded: $850,000 settlement; $340,000 attorney fee; $30,000 expenses