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| Wrongful Death |
| Man ejected from pickup bed and thrown off overpass
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| Settlement: $700,000.00 Attorney fees: $245,000 Litigation expenses: $35,000 |
| Case Type: Survival Damages, Motor Vehicle - Truck, Motor Vehicle - Rollover, Motor Vehicle - Passenger, Motor Vehicle - Phantom Car Defense, Motor Vehicle - Single Vehicle, Negligence |
| Case: Eloisa Lara S. Aragon, Individually, as Heir to and Representative of the Estate of Juan Gonzales Aragon, Deceased, and a/n/f of Mirella Aragon, a minor, Humberto Aragon, a minor and Claudia Aragon, a minor and Juan Angel Aragon, Hortensia Aragon, Ulises Aragon Lara, Alejandro Aragon and Anabel Aragon, Individually and as Heirs to the Estate of Juan Gonzales Aragon, Deceased, and Juan Angel Aragon as Independent Administrator of the Estate of Juan Gonzales Aragon, Deceased, vs. Landscape Consultants of Texas, Inc., and Abraham Francisco Soto, No. 2004-64013 |
| Venue: Harris County District Court, 234th, TX |
| Judge: Reece Rondon | Terry Fry |
| Date: 04-25-2006 |
| 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: On June 1, 2004, at 3:50 p.m., plaintiffs' decedent, Juan Gonzales Aragon, 56, a landscaper, was an unrestrained passenger in the bed of a pickup traveling on Highway 249 in Northwest Houston. The pickup was driven by Abraham Soto and was towing a utility trailer owned by Landscape Consultants of Texas Inc. (LCT), Ft. Bend, a lawn-care company. Aragon and one other man were in the bed of the pickup, and another man was in the cab on the passenger's side. All four men were working for LCT at the time. The pickup was traveling southbound in the far right lane when it skidded onto the east-side shoulder, struck a metal crash barrier, turned onto its passenger side and caught on fire. Aragon was ejected from the bed and fell to the ground below the overpass on which the truck was located at the time of the wreck. He died at the scene from injuries he sustained in the wreck, and the other occupants survived with minor injuries. Decedent Aragon's wife, Eloisa Lara S. Aragon, individually and on behalf of her husband's estate, and the couple's eight children sued Soto and LCT for negligence. The plaintiffs claimed that Soto failed to keep a proper lookout and caused the accident that led to the decedent's death. Plaintiffs' attorneys alleged that LCT was vicariously liable for Soto's negligence and that it negligently failed to provide the employees with safe transportation equipment. Soto stated at the scene of the wreck and testified that a green car cut him off and caused him to swerve to the right and skid. LCT affirmed Soto's story involving the green car and contended that it provided its crew with safe transportation equipment.
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Injury: Eloisa Aragon and her eight children asserted wrongful death claims, and Eloisa submitted a survival claim on behalf of her husband's estate. The plaintiffs did not assert claims for past or future lost wages or inheritance. The defendants sought to introduce evidence that the decedent and several of his children were illegal aliens who were working in the U.S. The defendants challenged the wrongful death claims, noting that the decedent's wife and several of his children lived in Mexico while he worked in the U.S. The decedent, prior to his death, had not seen his wife and some of his children for about two years. The defense also claimed that the decedent did not experience any conscious pain or suffering in the accident. The medical examiner supported the argument that the decedent did not suffer. LCT had various insurance policies through Ohio Casualty Insurance Co. Ohio Casualty denied any defense or indemnity, asserting that numerous exclusions, including standard employee exclusions, precluded any insurance coverage. The insurance company sued LCT about nine months before this trial for a declaratory judgment of no coverage. About ten days before trial, Ohio Casualty offered a conditional defense, which LCT rejected. At that point, Ohio Casualty became actively involved in settlement negotiations.
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Verdict Information The defendants settled with the plaintiffs for $700,000 the day before trial. Ohio Casualty contributed $675,000 and Allstate Insurance Co. paid its policy limits of $25,000. Attorneys fees were $245,000, expenses were $35,000.
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Awarded: $700,000 settlement; $245,000 attorney fee; $35,000 expenses
