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| Motor Vehicle |
| Motorist pushed into concrete wall by semi changing lanes
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| Settlement: $190,000.00 Attorney fees: $76,000 Litigation expenses: $18,000 |
| Case Type: Lane Change, Motor Vehicle - Tractor-Trailer, Motor Vehicle - Multiple Vehicle, Motor Vehicle - Sideswipe |
| Case: Doris C. White v. Seltex, Inc. d/b/a Transport Services and John Walter Nelson, No. 2004-66487 |
| Venue: Harris County District Court, 215th, TX |
| Judge: Levi J. Benton | Terry Fry |
| Date: 02-15-2006 |
| PLAINTIFF(S) |
Attorney:
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Expert:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Facts: On Sept. 16, 2004, plaintiff Doris White, 34, a PBX operator, was traveling on South Loop West in Houston in a sedan when her car was struck by a tractor-trailer attempting to change lanes from left to right. The rear passenger side of the flat-bed trailer driven by John Walter Nelson collided with White's driver's side, sending her into the concrete highway barrier to her right. Her car was totaled. White claimed injuries in the wreck, and she sued Nelson and his employer, Seltex Inc., operating as Transport Services, Pflugerville, for negligence. White's attorney contended that Nelson made an unsafe lane change and failed to keep a proper lookout. The defense argued that White should have seen the tractor-trailer changing lanes and that she could have avoided the accident by turning to her right.
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Injury: White went to the hospital by ambulance immediately after the crash. A few months after the accident, she was diagnosed with an annular tear and a protrusion at L4-5. She initially underwent physical therapy and received steroid injections before stopping treatment for several months. About 14 months post-accident, she underwent an intradiscal electrothermic annuloplasty procedure, which cauterizes nerve endings within disc walls, blocking pain signals. White incurred about $30,000 in past medical expenses. She missed some work and because of a raise soon after the accident, she began earning more than she had been before the wreck. She missed several months of work and sought about $20,000 in past lost wages as well as an unspecified amount in past and future mental anguish, pain and suffering and impairment. The attorney for the defense noted that White had been involved in another car accident before the one with Nelson. He contended that the injuries she claimed were pre-existing. Defense counsel also argued that White's back problems came from a degenerative condition.
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Verdict Information The defendants settled with White for $190,000 prior to trial.
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Editor's Comments Defense counsel did not respond to a phone call or emailed draft of this report.
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