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| Motor Vehicle |
| Driver who did not yield claimed other car was going too fast
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| Settlement: $115,000.00 Attorney fees: $46,000 Litigation expenses: $15,000 |
| Case Type: Broadside, Negligence, Motor Vehicle - Driveway |
| Case: Kyler Fields v. Vivek Kushwaha, No. 2004-26624 |
| Venue: Harris County District Court, 129th, TX |
| Judge: S. Grant Dorfman | Terry Fry |
| Date: 08-09-2005 |
| 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 7:15 p.m. on April 8, 2004, plaintiff Kyler Fields, 35, a business executive, was driving a 2002 sports car southbound on Kirby Drive when he struck the driver side of a 1999 sedan that Vivek Kushwaha pulled out of a private driveway near the intersection with West Alabama Street. Fields alleged that Kushwaha was negligent in failing to yield the right of way when pulling out. Kushwaha countered that Fields was negligent in failing to keep a proper lookout and failing to control his speed. Fields responded that he was driving the speed limit.
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Injury: Fields first sought medical attention four days after the collision. He alleged that he primarily injured his neck. Fields underwent physical therapy and three sets of steroid injections. He incurred approximately $28,000 in past medical bills. He also claimed past and future pain and mental anguish, and past and future physical impairment. He did not assert a claim for lost wages in the past or future. Kushwaha contended that Fields' alleged injury was preexisting as a result of a high speed motor vehicle collision that occurred in 1990.
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Verdict Information The case settled several weeks after mediation for $115,000.
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Editor's Comments Counsel for the plaintiff did not respond to a phone call or a faxed draft of this report.
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