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Compact car and 18-wheeler collided in intersection

Motor Vehicle

Compact car and 18-wheeler collided in intersection

Settlement: $375,000.00
Attorney fees: $150,000
Litigation expenses: $25,000

Case Type: Intersection, Motor Vehicle - Red Light, Motor Vehicle - Question of Lights, Motor Vehicle - Truck, Motor Vehicle - Tractor-Trailer

Case: Ivette N. Vasquez and Guadalupe Carmona v. Unnamed Moving Company and Unnamed Truck Driver, No. 2004-72325

Venue: Harris County District Court, 129th, TX

Judge: S. Grant Dorfman

Date: 07-20-2006

PLAINTIFF(S)

Attorney:

Vuk S. Vujasinovic; Vujasinovic & Beckcom LLP; Houston, TX, for Ivette N. Vasquez, Guadalupe Carmona

Expert:

None

DEFENDANT(S)

Attorney:

Counsel not disclosed for Unnamed Moving Co., Unnamed Truck Driver

Expert:

None

Insurer:

Zurich American Insurance Co. for both defendants

Facts:
On Oct. 11, 2004, plaintiffs Ivette N. Vasquez, 27, a dental assistant, was driving a compact car with Guadalupe Carmona, 53, as passenger on Gessner Drive in Houston. Vasquez was in the outside southbound lane when an 18-wheeler going east on the service road of Katy Fwy. struck her car. The right front quarter of the tractor-trailer struck the front of Vasquez' car.

Claiming injuries, the plaintiffs sued the truck driver for negligence, claiming he ran a red light, and sued his employer, a moving company, under respondeat superior. The fact that Vasquez was acting in the course and scope of his employment was undisputed.

According to the plaintiffs' attorney, the defense contended that the light was yellow and that Vasquez failed to take proper evasive action.

Injury:
Vasquez injured her lower back; she claimed a herniated disc at L5-S1. She underwent physical therapy and steroid injections, and on Nov. 28, 2005, she underwent a laminectomy and discectomy. Her medical bills totaled $38,021. She claimed past lost wages of about $35,000, saying the back pain affected her ability to work as a dental assistant, as well as her activities of daily living.

Carmona sustained soft-tissue injuries to her lower back and left shoulder. Her condition improved with physical therapy. Her medical bills were $12,349, including diagnostic testing. She claimed no lost wages but sought damages for pain and suffering, claiming that pain inhibited her in many activities of daily living.

According to the plaintiffs' attorney, the defense argued that the plaintiffs' injuries were preexisting and that they did not comply with doctors' instructions.

Verdict Information The defendants settled for $375,000. Of this amount, $335,000 went to Vasquez and $40,000 went to Carmona.