Online Jury Case
You Be The Judge The fact situation set out below is an actual pending case. The names have been changed to protect the privacy of the parties. We are interested in your views. To participate in our online jury carefully read the facts and arguments below and then render your verdict and answer the questions at the end of the case. We purposely withhold information as to which party we represent in order to reduce the possibility that your verdict will be influenced in any way. Thanks for participating.
General Statement of Facts
In January of 2004 a two vehicle accident occurred on a blacktop two lane rural road. The Defendant’s vehicle was a pickup truck hauling a trailer. The trailer did not have brake lights or turn signals hooked up, which is a violation of Texas law. The truck itself had a large cattle feeder sitting in the pickup bed, which blocked Defendant’s rear view mirror view, and also blocked any vehicles following Defendant from seeing the turn signal lights located on the top rear of Defendant’s truck cab. Plaintiff was following Defendant and driving a small four door car which also carried her three children. The road was divided with lane markers, and the “pass” “do not pass” zones were marked by dotted or solid center lines. It was daylight, with no visibility problems relating to weather conditions or the roadway. After following Defendant for a short distance, Plaintiff swung out into the oncoming lane to pass Defendant’s pickup truck. There were no oncoming cars. As Plaintiff gained speed and began to come even with the trailer, the lane marker changed from “pass” zone to a “no pass” zone. Almost immediately thereafter Defendant turned left from his lane of travel to make a left turn onto a private drive. Defendant’s truck and trailer collided with Plaintiff’s causing serious injuries to the Plaintiff driver and one of her children.
The Defendant driver admits that he did not see Plaintiff overtaking him before turning left. He states he looked at his side mirrors before turning but didn’t see Plaintiff as she was attempting to pass him. The Defendant driver also admits that the trailer’s turn and brake signals were not working. He states he “believes” that he turned on his left turn signal before leaving his lane. The Plaintiff driver states that the Defendant turned his truck and trailer into her suddenly and with no signal or other warning.
Plaintiff suffered a severe comminuted fracture of her left leg, cuts and bruises. Her child suffered a concussion. Plaintiff was hospitalized for several weeks, and thereafter had physical therapy to rehabilitate her leg. She missed approximately four months of work. Her child was treated overnight in the hospital and discharged. Even today, approximately a year after the collision, Plaintiff has some pain in her left leg. Her leg is severely scarred. Her child, luckily, has not suffered any continuing problems from the concussion.
Damage issues
Plaintiff seeks to recover the following elements of damages:
- The reasonable and necessary hospital and doctor charges incurred by reason of Plaintiff’s and her child’s injuries. The parties agree that these charges were $438,000.00.
- The physical and mental suffering incurred by Plaintiff.
- Plaintiff’s loss of income by reason of her injuries which the parties agree is $16,000.00.
