Case at a glance
- Recovery: $575,000 Settlement
- Practice: Truck Accidents
- Attorney: Vuk Vujasinovic
A collision at an intersection
On May 20, 2003, Juanita was driving through an intersection in Conroe, Texas. Her lawsuit alleged that the Dan-Vic driver ran a red light and caused the collision. The driver and trucking company denied negligence, maintained that the light was yellow when the truck entered the intersection, and blamed Juanita for the crash.
Vuk Vujasinovic pursued Juanita’s claims against the driver and Dan-Vic. Beyond the events at the intersection, her lawsuit questioned the company’s decision to entrust the truck to its driver and its compliance with trucking safety requirements. The defendants disputed that the driver’s prior record supported a negligent-entrustment claim.
Missing trucking records became a pretrial issue
Important records were unavailable, including the driver’s post-accident drug and alcohol tests, driving logs, requalification file, and the accident register for this collision. Dan-Vic said it lost its transportation records while moving them into storage after going out of business.
Juanita sought sanctions for the loss of that evidence. At a hearing before trial, Judge William McAdams granted her motion. The ruling addressed spoliation, the loss or destruction of evidence relevant to a case. Juanita described the relief as a presumption that the missing records would have been unfavorable to the defendants; the defendants described the judge’s intent as submitting spoliation instructions at trial.
Surgery and a dispute over her medical history
Juanita suffered a torn meniscus in her left knee and herniated discs at L4-5 and L5-S1 in her lower back. She underwent arthroscopic knee treatment about six months after the collision and lumbar spine surgery about a year and seven months after it.
The defense attributed her back problems to an earlier medical condition and pointed to a period of Social Security disability. Juanita and her husband testified that she had recovered before the crash. She had worked full-time for six years and held two jobs during the nine months preceding the collision.
Her ability to earn a living was also disputed. Juanita sought compensation for lost wages and reduced future earning capacity. She returned to cafeteria work after her knee surgery and before her back surgery, a fact relevant to the competing claims about her ability to work.
A $575,000 settlement
The parties resolved Juanita’s case for $575,000. The settlement followed litigation over responsibility for the crash, missing evidence, and the relationship between the collision and her medical treatment.
For information about serious commercial-vehicle collisions, visit our truck accident practice. To discuss an injury claim, call (877) 724-7800 or Tell Us What Happened.
Questions about the case
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.