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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.
| Motor Vehicle |
| Farmer with five children, 79, died in accident with 18-wheeler
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| Settlement: $500,000.00 Attorney fees: $200,000 Litigation expenses: $27,000 |
| Case Type: Head-On, Motor Vehicle - Tractor-Trailer, Motor Vehicle - Truck, Wrongful Death, Agency/Apparent Agency - Respondeat Superior, Motor Vehicle - Yield Sign |
| Case: Jeffery Wrobliski, Rodney Wrobliski, Wesley Wrobliski, Rick Wrobliski and Jannie Bohacek, Individually and as Heirs to the Estate of Raymond Charles Wrobliski, Deceased v. David Nieto d/b/a D&C Trucking and Ramon Cardenas Jr., No. 06-06-44675-CV |
| Venue: Jim Wells County District Court, 79th, TX |
| Judge: Richard Terrell | Michael Elliot (neutral) |
| Date: 12-10-2007 |
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| DEFENDANT(S) |
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| Insurer:
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| Facts: On Jan. 6, 2005, plaintiffs' decedent Raymond Charles Wrobliski, 79, a farmer, was traveling southbound in a full-size pickup on the service road of U.S. Highway 59 near Spur 10 in Rosenberg. Ramon Cardenas Jr. was traveling northbound on the same road in a tractor-trailer, in the course and scope of his employment with D&C Trucking. Cardenas attempted to enter the highway to his left. Wrobliski had a yield sign, but allegedly did not yield, and Cardenas struck the right front of the pickup, killing Wrobliski instantly. Cardenas did not have a yield sign. Wrobliski's five adult children sued Cardenas for driving unsafely. They also sued David Nieto, operating as D&C Trucking, under respondeat superior. The plaintiffs argued that, although Wrobliski was partly at fault, Cardenas was also partly liable. The plaintiffs' accident reconstruction expert opined that Cardenas did not activate his turn signal, based on the expert's analysis of the tractor-trailer's light bulbs and filaments. Also, the plaintiffs filed a spoliation motion based on the defendants' inability to provide any trucking documents, such as Cardenas's qualification file and driver logs. The plaintiffs' accident reconstruction expert said that the sun was probably shining in Wrobliski's eyes, making it difficult for him to see the yield sign. The plaintiffs also argued that the road design was confusing. The defense contended that the accident was caused by Wrobliski only, in failing to yield the right of way, as determined by Rosenberg police, who investigated and reconstructed the accident.
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Injury: Wrobliski was killed instantly. His five adult children sought damages for mental anguish and loss of companionship and society. His sons Wesley, 46, and Jeff, 39, were farmers. His son Rick was 45, his son Rodney was 35, and his daughter Jannie Bohacek was 51.
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Verdict Information The case settled for $500,000. Attorney fees were $200,000 and expenses were $27,000.
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Editor's Comments This report is based on information that was provided by plaintiffs' counsel. Defense counsel did not respond to the reporter's phone calls.
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Awarded: $500,000 settlement; $200,000 attorney fee; $27,000 expenses
