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South Texas Trucking Accident: Tire repairman hit trailer of non-yielding 18-wheeler; arm crush injury; closed head injury; cerebral concussion

Motor Vehicle

Plaintiff Hit Trailer of Non-Yielding 18-Wheeler

Settlement: $750,000.00
Attorney fees: $300,000
Litigation expenses: $12,000

Case Type: Tractor-Trailer, Motor Vehicle - Truck, Negligence, Agency/Apparent Agency - Vicarious Liability

Case: Roel Coronado and Wife, Celinda Coronado v. IFA Trucking, Inc., Ramon Canela, Rogelio Alfonzo Arvid, Bob Farris Chevrolet-Oldsmobile, Inc., and General Motors Corporation, No. C171501G

Venue: Hidalgo County District Court, 370th, TX

Judge: Noe Gonzalez

Date: 02-15-2003

PLAINTIFF(S)

Attorney:

Vuk S. Vujasinovic; Houston, TX, for Roel Coronado, Celinda Coronado

DEFENDANT(S)

Attorney:

John L. Price; Fairchild, Price, Thomas, Haley & Willingham; Nacogdoches, TX, for IFA Trucking, Inc., Rogelio Alfonzo Arvid
Kent M. Adams; Adams & Coffey; Beaumont, TX, for Ramon Canela
Ross Jones; Adams & Coffee; Beaumont, TX, for Ramon Canela

Expert:

None

Insurer:

CNA Insurance for IFA Trucking, Canela, and Arvid

Facts:
On March 24, 2001, Roel Coronado, a 25-year-old tire repairman, was driving a pick-up truck north bound on U.S. 281 in Hidalgo County when he collided with the trailer of an 18-wheeler. The rig had crossed Coronado's lane of travel attempting to enter a gas station and failed to yield the right-of-way. The rig was driven by Ramon Canela, an owner-operator for IFA Trucking Inc.

Coronado and his wife, Celinda, sued Canela, IFA Trucking, claiming vicarious liability, and another IFA Trucking owner, Rogelio A. Arvid, alleging negligence in the operation of the 18-wheeler. Bob Farris Chevrolet-Oldsmobile Inc. and General Motors Corporation were nonsuited and therefore, were not parties to the settlement.

The defendants argued that Coronado was contributorily negligent in failing to keep a proper lookout. They further contended that IFA was not vicariously liable for Canela's conduct because he was an owner/agent working under contract for a different trucking company at the time of the accident.

Injury:
Roel was diagnosed with intraperitoneal bleeding, a crush injury to the upper left arm with loss of muscle and soft tissue; open and closed fractures of the left forearm; a deep laceration in the left temporal area; closed head injuries which included cerebral concussion.

Celinda claimed for loss of constorium, The Coronado's sought medical specials of $162,045.40, past lost wages of $25,000.00, and unspecified damages for pain and suffering, mental anguish, physical impairment, and disfigurement.

Verdict Information The defendants paid the full $750,000 insurance limit in response to plaintiff's first Stowers demand to settle the case. Attorney fees were $300,000 and expenses were $12,000.

Post-Trial: Settled.

Awarded: $750,000 settlement; $300,000 attorney fee; $12,000 expenses