Pick-up Truck Collides With Car

Garcia, was driving through an intersection near a construction area with her Mother, 47 and her 19 month old daughter, when they were struck by another driver in a pick-up truck. Garcia's mother suffered fatal injuries. Her medical expenses were about $10,000. Garcia is survived by her two adult children. Garcia and her 19-month-old daughter received blunt force injuries and contusions. Garcia's medical expenses were about $7,000, and her daughter's medical expenses were about $1,700. A full-time homemaker, Garcia did not claim lost income.

In this case, Rob Ammons represented the adult children (one daughter and one son) of the 47 year old lady that was killed. Plaintiffs sued the driver of the pickup truck and its owner, the construction company and its subcontractors, and a utility maintenance company that was doing maintenance near the construction site. Suit against the driver alleged negligence in driving too fast, failing to keep a proper lookout, and failing to brake or swerve to avoid the collision. Suit against the truck owner alleged negligent entrustment of the vehicle to the driver, who allegedly had a history of reckless driving, and vicarious liability for the driver's negligence. Suit against the construction company, contractors, and utility maintenance company alleged creation of a hazardous condition by negligently placing vehicles and machinery where they blocked visibility and failure to provide proper traffic control. Additionally, Plaintiffs sought damages for discovery abuses from the construction company, which allegedly took steps to conceal that it had a flagman on the construction site directing traffic at the time of the incident.

Garcia v. French-Ellison Truck Ctr., Tex., Hidalgo County 93d Jud. Dist. Ct., No. C-1934-01-B

On behalf of the Plaintiffs, Rob Ammons reached a confidential settlement with all Defendants except the construction company and utility maintenance company during mediation before trial. Following voir dire of the jury panel, the construction company also elected to settle for a confidential amount.