Case Results

• Brian A. Beckcom; Vujasinovic & Beckcom LLP; Houston, TX, for James Wayne "Jimmy" Nicol
• Adam P. Criaco; Criaco & Corteguera; Houston, TX, for James Wayne "Jimmy" Nicol
• Robert L. Lynch; Houston, TX, for James Wayne "Jimmy" Nicol
• Vuk S. Vujasinovic; Vujasinovic & Beckcom LLP; Houston, TX, for James Wayne "Jimmy" Nicol

• Richard Urso M.D.; Ophthalmology; Houston, TX called by: Brian Beckcom, Vuk Vujasinovic, Robert Lynch, Adam Criaco
• Nelson Valena M.D.; Neurology; Houston, TX called by: Brian Beckcom, Vuk Vujasinovic, Robert Lynch, Adam Criaco
• Drue Ware M.D.; Emergency Surgery; Houston, TX called by: Brian Beckcom, Vuk Vujasinovic, Robert Lynch, Adam Criaco

• Doug T. Gosda; Manning, Gosda & Arredondo LLP; Houston, TX, for Curtis Keese, Teris LLC
• Greg Schlak; Manning, Gosda & Arredondo LLP; Houston, TX, for Curtis Keese, Teris LLC

• Charlie Chipman; Accident Reconstruction; Houston, TX called by: Doug Gosda, Greg Schlak, Tom Wright
• Robert Swint; Accident Reconstruction; Houston, TX called by: Doug Gosda, Greg Schlak, Tom Wright

Nicol sued the driver of the box van, Curtis Kees, and his employer, Teris LLC, Dallas, alleging that Kees, while in the course and scope of his employment for the hazardous waste transportation company, was negligent in failing to yield the right of way, and Teris was negligent in hiring, screening, and entrusting the van to Kees.

Brenham police investigated the collision. The lead officer examined forensic evidence at the scene, including skid marks, debris, and the post-collision location of the vehicles, and concluded that Kees was responsible for the collision because he failed to yield the right of way. Police indicated that Kees entered Nicol's lane of traffic and Nicol attempted a "brake and escape" maneuver but was unable to avoid the collision.

Plaintiff attorneys located and deposed an independent eyewitness, who was traveling next to Nicol's motorcycle before the crash. The eyewitness reported that Kees pulled out in front of Nicol's motorcycle.

The defendants denied all allegations. They claimed that Nicol was negligent by driving a motorcycle in dark and foggy conditions without a helmet; not paying proper attention; not perceiving and reacting appropriatelyl; failing to operate his motorcycle in a safe and prudent manner; and wearing sunglasses that obstructed his vision. They also claimed that Nicol's failure to wear a motorcycle helmet was the primary cause of his head injuries. Also, his dark sunglasses impaired his perception and reaction time. The van was visible far enough back for Nicol to have either slowed to avoid hitting it or possible stopped, they claimed.

The defense further contended there was no clear evidence of a brake and escape maneuver by Nicol: skid marks went straight into the back of the van, and he hit the last foot of the van on the tailgate, almost missing the van entirely.

The defense hired an accident reconstructionist, Charlie Chipman, who testified that Nicol did not operate his motorcycle in a reasonable and prudent fashion and had plenty of time to perceive the moving van entering the highway.

The Defendants also hired a former NASA engineer, Robert Swint, to perform a reconstruction of the accident and offer his opinions regarding the human factors involved in the crash. The expert rented an exemplar van and motorcycle, as well as a vehicle similar to the one driven by the eyewitness. He visited the crash scene under the same lighting conditions that existed at the time of the crash, recreated the accident sequence, and videotaped the entire recreation. He concluded that Nicol had more than enough time to perceive and react and avoid Kees' vehicle, and that Nicol was not being attentive to his driving.

The expert witness also produced detailed videotapes of the collision that demonstrated a phenomena called "light blending," allegedly showed that the headlight of Nicol's motorcycle "blended" with the lights of other oncoming traffic, thus making it impossible for Kees to distinguish between Nicol's motorcycle lights and the headlights of other oncoming traffic.

An ophthalmologist was consulted for an abrasion injury to Nicol's eye. He was admitted to the surgical trauma ICU. Two days after the accident, a repeat CT scan of the brain revealed evolutionary change of the traumatic subarachnoid and subdural hemorrhages and a nonhemorrhagic contusion or possible infarction in the right parietal vertex. The next day, Nicol was successfully weaned from the ventilator and extubated.

Nicol was discharged almost a month after the accident on Nov. 23 and admitted to a specialty hospital for aggressive rehabilitation and continued medical management. Discharge diagnoses included S/P motorcycle crash, open pelvic fracture, left superior/inferior pubic rami fracture, multiple facial fractures, left ankle ligamentous injury and left first and third metacarpal fractures.

Eventually, Nicol was discharged home. He incurred $524,450.14 in medical expenses. About $250,000 of that was paid by health insurance.

In addition to medical specials, Nicol claimed past lost wages and and future loss of earning capacity, as well as pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life.

The defense claimed no liability for Nicol's injuries.