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| Motor Vehicle |
| Tractor trailer braked and went into roll, rolling over car
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| Mediation: $1,210,000.00 Attorney fees: $484,000 Litigation expenses: $65,000 |
| Case Type: Tractor-Trailer, Motor Vehicle - Rollover, Motor Vehicle - Rear-ender |
| Case: Peggy Bell v. La Gloria Oil and Gas Company and Curtis Walton, No. CV64450 |
| Venue: Liberty County District Court, 75th, TX |
| Judge: C. T. Hight | John O. Kain (Mediator) |
| Date: 06-19-2003 |
| 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: Plaintiff Peggy Bell, 51, unemployed, was involved in a motor vehicle accident on Aug. 22, 2002, on SH 321 in Liberty County about one mile north of Dayton. Bell, driving a 1982 Oldsmobile Cutlass, slowed down and came to a stop, intending to turn left into a driveway. A tractor trailer owned by La Gloria Oil and Gas and driven by Crutis Walton approached from behind, braked, began to rollover, then struck and rolled over the top of the Oldsmobile. Bell sued La Gloria Oil and Gas Co. of Pasadena and Walton for negligence alleging that Walton was driving too fast, was not paying attention and took faulty evasive action. According to plaintiff's counsel, Walton was cited for speeding by the DPS trouper who investigated. Bell also argued that the tractor trailer's brakes were not working properly. Bell asserted that La Gloria was liable for Walton's negligence as he was acting within the course and scope of his employment at the time of the accident. The defendants claimed that Bell bore responsibility for the accident, arguing that she had suddenly stopped in the road, failed to signal her intentions and failed to properly look out for traffic. They further maintained that the brake lights on Bell's vehicle were not working at the time of the accident.
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Injury: Bell sustained the following primary injuries: a crushed right ankle which required surgery and the placement of hardware; a fracture of the seventh vertebrae in her neck; a fractured collarbone; a fractured sternum; three fractured ribs on her left side and one on her right; a blood clot in her right leg; and hematoma. She incurred approximately $120,000 in past medical expenses. As she was unemployed at the time of the accident, Bell did not assert any claim for lost wages or lost earning capacity.
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Verdict Information The case settled in mediation on June 19, 2003. |
Awarded: $1,210,000 settlement; $484,000 attorney fee; $65,000 expenses
