Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store.
CIVIL
Fortunate Payne and Josselyn Martinez v. Cynthia Owens
Cause No: D-1-GN-22-002136
Judge: Daniella Deseta Lyttle, 261st Civil District Court
Dates: Aug. 5 – 7, 2024
Attorneys:
Plaintiffs: Kacie Starr, Brylak & Associates, LLC
Defendant: Jacob Perez, Martinez, Dieterich & Zarcone Legal Group
Case Summary: Motor vehicle accident that occurred on May 30, 2021. 10 of the jurors found no negligence on either party.
Eric Williams v. The Carpenter Hotel, LLC and Carp 2020 Holdings, LLC
Cause No: D-1-GN-22-006776
Judge: Catherine Mauzy, 419th Civil District Court
Dates: Aug. 5 – 8, 2024
Attorneys:
Plaintiff: Cole Gumm, Zinda Law Group, PLLC
Defendant: Matthew Walker/Beasia Dozier, Litchfield Cavo, LLP
Case Summary: Plaintiff claimed that on Sept. 25, 2022, he was injured when he stepped into a overgrown area and fell three to four feet. 11 jurors found that the Plaintiff was an invitee and was five percent negligent, and Defendant was 95 percent negligent. Damages awarded: Past medical care–$75,467.69; Future medical care – $10,000; Past physical pain – $50,000; Future physical pain – $5,000; Past physical impairment – $50,000; Future physical impairment – $10,000; Past disfigurement – $1,000. The jury also found that gross negligence occurred and awarded $200,000 in exemplary damages.
Steve Lopez v. Abrams International LLP; Abrams Management Company; Abrams International Incorporated, J.D. Abrams, Inc.
Cause No: D-1-GN-22-002514
Judge: Madeline Connor, 353rd Civil District Court
Dates: Aug. 6 – 12, 2024
Attorneys:
Plaintiff: Guilherme Vasconcelos DJC Law, PLLC
Defendant: Rodney P. Geer, Fee, Smith & Sharp, L.L.P.
Case Summary: Plaintiff claimed that on May 4, 2021, he was injured when logs fell from the construction site as he went under Highways 183 and 35. Ten jurors found that the Defendant, J.D. Abrams, L.P. was negligent. Damages awarded were: Past physical pain and mental anguish – $300,000; Future physical pain and mental anguish – $900,000; Future loss of earning capacity – $780,000; Past physical pain – $150,000; Future physical impairment – $650,000; Past reasonable expenses of necessary medical care – $727,000; Future reasonable expenses of necessary medical care – $1,000,000.
George Pate v. Priscilla Mazariegos
Cause No: C-1-CV-23-005264
Judge: Jessica Mangrum, 200th Civil District Court
Dates: Aug. 20 – 21, 2024
Attorneys:
Plaintiff: Chris Self, KPA Law, PLLC
Defendant: Isaac Liou, Regency Law Associates
Case Summary: Plaintiff claimed that on Nov. 9, 2022, he was injured in a motor vehicle accident. Unanimous jury of six found the Plaintiff was negligent.
Aaron McNeil v. Texas Regional Landfill Co., LP
Cause No: D-1-GN-23-000676
Judge: Jan Soifer, 345th Civil District Court
Dates: Aug. 20 – 23, 2024
Attorneys:
Plaintiff: Charles Dunn/Mark Pierce and Christine Londergan, DJC Law, PLLC
Defendant: John Plumlee/Bret Sanders, Fee Smith & Sharp, L.L.P.
Case Summary: Premises liability case against Defendant, who owns and operates landfill, for personal injuries by Plaintiff, an invitee who fell while balancing on a horizontal post because of the absence of a catwalk or warnings at the scale (trying to get to the scale office and get a receipt). Ten jurors found that the Defendant was 100 percent negligent. Damages totaled $3,962,887.05: Past physical pain and mental anguish – $1,000,000; future physical pain and mental anguish – $2,000,000; past loss of earning capacity – $50,000; past disfigurement – $8,000; future disfigurement – $8,000; past physical impairment – $100,000; future physical impairment – $500,000; past medical expenses – $96,887.05; future medical expenses – $200,000.