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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 |
| Rear-ender def was intoxicated and fled scene, pltf contended
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| Verdict: (P) $662,109.00 Attorney fees: 264,843 Litigation expenses: $35,000 |
| Case Type: Truck, Motor Vehicle - Minivan, Motor Vehicle - Rear-ender, Motor Vehicle - Alcohol Involvement-Defendant, Motor Vehicle - Intersection |
| Case: Jose Villarreal v. Hector Rodriguez d/b/a Cowboy Transportation, No. 2006-71327 |
| Venue: Harris County District Court, 334th, TX |
| Judge: Sharon McCally |
| Date: 04-10-2008 |
| PLAINTIFF(S) |
Attorney:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Insurer:
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| Facts: At 11:45 p.m. on Sept. 2, 2006, plaintiff Jose Villarreal, 37, a maintenance worker, was driving a minivan southbound on Federal Road in Houston. He stopped at the light at Fleming Drive, and Hector Rodriguez, driving a truck cab without a trailer, allegedly rear-ended him and fled. Police located Rodriguez, arrested him, and charged him with failing to stop and give information. Also, he failed a field sobriety test. Villarreal sued Rodriguez, operating as Cowboy Transportation, for causing the accident and for driving while intoxicated. Rodriguez denied that he was the person who hit Villarreal and fled. Also, although he had been drinking, he denied intoxication. Defense counsel said that, after the field sobriety test, Rodriguez took a breath test, which showed blood alcohol of less than .08 (the state limit for intoxication), and that Rodriguez was not charged with driving while intoxicated or driving under the influence. Defense counsel allegedly filed a motion in limine as to the alcohol investigation and tests, but it was denied.
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Injury: Villarreal claimed neck and lower back injuries. He underwent physical therapy, a cervical MRI, a lumbar MRI, two lumbar injections and one cervical injection. He missed one day of work and said that he cannot do the activities he used to do. He claimed to need an interior discectomy and fusion at C5-6 and disc replacement surgery in the lower back, but at the time of trial, had not made arrangements for surgery. Villarreal's past medical bills were $36,109. He claimed future medical bills of $140,000, according to his attorney, or $268,900, according to defense counsel. He did not seek past lost wages, but did seek future wages; his attorney reported that he did not specify an amount, whereas defense counsel said that the plaintiff's attorney sought up to $1 million. The trial was bifurcated, and Villarreal sought unspecified punitive damages in phase two. Rodriguez argued that Villarreal sustained soft-tissue injuries only; that he did not need surgery; and that the treatment and bills were excessive. Defense counsel noted that Villarreal missed only one day of work, and that he received three raises since the accident.
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Verdict Information About five minutes before closing arguments in phase one, the parties agreed to a high-low with parameters of $100,000 and $750,000 and to waive the right to appeal. In phase one, the jury found that Rodriguez was negligent; that Villarreal's actual damages were $112,109; and that Rodriguez was grossly negligent. In phase two, the jury awarded $550,000 in punitive damages, bringing the total verdict to $662,109. Attorney fees were $264,843 and expenses were $35,000. Phase one was 2.5 days, and phase two was a half day.
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Jose Villarreal $36,109 Personal Injury: Past Medical Cost $72,000 Personal Injury: Future Medical Cost $550,000 Personal Injury: Punitive Exemplary Damages $4,000 Personal Injury: Past Pain And Suffering |
Editor's Comments This report is based on information that was provided by plaintiff's counsel and defense counsel.
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Awarded: $662,109 verdict; $264,843 attorney fee; $35,000 expenses
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