Bexar County Verdicts
Personal Injury Cases
Verdict September 30, 2008. Plaintiff's attorney: Richard F. Neville, III. Car wreck trial in County Court (Judge Rios). State Farm case (Bill Seyfried). Defendant was a woman 45-50 years old. She ran a red light (sun was in her eyes and she didn't see it). Admitted liability at trial. Plenty of property damage. Plaintiff was a middle school assistant principal, 57 years old. He didn't treat until 6 days after the wreck, went to a medical clinic for neck and right shoulder pain, then to his family doctor a few weeks later. Family doctor sent him for PT; Plaintiff had one month of PT, then PT records indicate he was 90% improved and family doctor’s records indicate no more neck or shoulder pain. No treatment for 5 months. Then Plaintiff goes back to his family doctor with the same complaints and is sent for another month of PT; then refers him to a pysical medicine and rehabilitation doctor. Has an MRI that is normal except for degenerative changes. After one more month of PT Plaintiff is released and has no further treatment. Meds are $10k ($7,500.00 are PT). Lost earnings of $4,700.00. Offer of $10k at mediation; last demand is $20k ($25k policy). After mediation State Farm withdraws its offer. Picked a jury Monday and put on all the evidence same day. Plaintiff's witnesses: Plaintiff and 2 videos (family doctor and physical medicine and rehabilitation doctor; and Defendant. The defense put on defense orthopedic expert Dr. Nick Tsourmas by video (paid him $5,200.). The defense argued that everything after the first PT session was unrelated, which is what Tsourmas said. Jury: 4 male, 2 female. Verdict: $19,789.80 (Meds, wages and $5k past physical pain and mental anguish) (plus interest and court costs).
Verdict May 2008. Trial in County Court 10 (Judge Irene Rios). Plaintiff’s attorney: Richard F. Neville, III. Fred Loya case. 20k policy. Defendant made no offer. Rear-end collision with no visible damage ($400.00 repair bill for painting the bumper cover, which was scratched). Plaintiff 45 year old male; Defendant female in her 40's. Plaintiff saw his family doctor, who referred him for PT and then referred him to a pain management doctor for epidural steroid injections. MRI normal. Plaintiff had had a car wreck with a minor neck injury (ER only) 8 months before this wreck. Plaintiff had another wreck (his vehicle was totaled) 10 months after the wreck at issue and was injured. That wreck was one month before he saw the pain management doctor for the ESI's recommended for this wreck. Medical bills: $12,500.00. No lost earnings. Residual symptoms: soreness with weather changes. Date of accident: Oct. 27, 2004. Defense attorney: Kevin Mickits. Picked jury on May 6 and finished trial May 7. Jury: 5 female, 1 male. Plaintiff's witnesses: Plaintiff; pain management doctor by video depo; Jack Leifer, Ph.D. from Trinity University testified live regarding significant forces with little or no property damage. Defense witnesses: Defendant. Although the defense hired engineer Adelino Yung (Houston) and paid him $7,000 for his analysis and deposition, they decided not to call him either live or by deposition. Verdict: $17,381.05. (plus interest and court costs). Medical: $10,381.05. Past physical pain and mental anguish: $2,500.00. Future physical pain and mental anguish: $1,000.00. Past physical impairment: $2,500.00. Future physical impairment: $1,000.00.
Date of Verdict: April 18, 2008. Plaintiff's attorney: Richard F. Neville, III. Plaintiffs were husband and wife T-boned at an intersection. Plaintiffs refused ambulance service and were taken to the ER by a relative. Both later went to a clinic, then family doctor, then pain management doctor, then neurosurgeon. The husband had a one-level lumbar fusion 1 1/2 years after the wreck. Wife had conservative treatment for low back symptoms. $6,000.00 damage to Plaintiff's vehicle. Defendant had State Farm with $250,000.00 policy plus $1,000,000 umbrella. Defense attorney: Doug Nall, Frank Rivas & Assoc. Settlement offer was $5,00.00 for husband and $0 for wife. Jury: 6 males, 6 females. Plaintiffs' witnesses: Both Plaintiffs, police officer, Defendant, 3 video depos: family doctor, pain management doctor and neurosurgeon. Plaintiffs filed a motion to strike defense expert Dr. Ted Bain (Biodynamics Research Corp.) and it was granted after a hearing at which Dr. Bain testified. Defense witnesses included Dr. Nick Tsourmas (orthopedic surgeon) and the engineer that did the computer for Dr. Bain's report. Result: Total judgment, with interest and costs, approximately $225,000.00 Verdict: Husband: Past medical: $102,902.99; future medical: $50,000.00; past lost earning capacity: $20,000.00. Wife: Past medical: $26,991.48.
Jerry Hernandez Plaintiff’s Counsel; Andrea Sargent Fambles Defense Counsel; carrier Allstate; verdict in March of 2008; Judge Irene Rios presided; intersection collision; Defendant turned into Plaintiff and knocked Plaintiff into a pole; Defendant denied liability; significant property damage; Judge Rios admitted some of the pictures based on liability dispute; jury placed 100% of the liability on Defendant; past medical $5,800.00; Plaintiff had reached full recovery in 6 months; Defendant offered $6,000.00 prior to trial; jury awarded $5,800.00 for past medical; $4,000.00 for physical impairment; $8,000.00 for physical pain and mental anguish; total verdict after prejudgement interest and court cost almost $21,000.00.
Burl Brock Plaintiff’s Counsel; Jim Upton Defense Counsel; carrier Fred Loya; minimum limits policy; verdict January 17, 2008; Judge Janet Littlejohn presided; Plaintiff claimed Defendant was making a lane change; Defendant claimed he was entering the road from a cross street; Defendant left the scene of the accident; minimal property damage; Defendant’s offer before trial:$500.00; past medical of $7,894.00; no future medical; no wages; jury awarded $3,900.00 for past medical, $5,000.00 for physical pain and mental anguish and $100.00 for physical impairment; jury verdict of around $9,000.00; with court cost and prejudgement interest total verdict of around $11,000.00.
Style: George Fundureanu vs. Joe J. Ponce III and The Law Offices of Joe J. Ponce, P.C.
Judge Presiding: Peter Sakai
Plaintiff’s Counsel: Cathleen Lockhart
Defense Counsel: Freddy Ruiz
Party submitting summary: Plaintiff
Date of Verdict: November 17, 2008
Carrier, if any: none
Policy limits, if applicable: none
Plaintiff’s last demand: 50K
Defendant’s last offer: 10K
Brief description of facts: Breach of Oral Contract.
Defendant’s position: No oral contract
Questions submitted to the jury and the jury’s answers to those question:
Verdict with prejudgment interest and taxable cost: $15,153.34 rent, Attorney fees for trial $32,600.00, for appeal to Court of Appeals $32,600.00 for appeal to Supreme Court $32,600.00
Plaintiff’s/Defendant’s experts and their specialities: none
Other factors you deem important: Criminal defense attorney moved into clients rent house in San Antonio while representing client in criminal matter in California. Attorney Ponce was not licensed to practice law in California and never was granted Por Hac Vice status. Lived in rent house 11 months without paying rent. Client had to hire attorney to evict.
Personal Injury Cases
JUDGE PRESIDING: RICARDO P. RODRIGUEZ CAUSE: C-1014-06-A
Date of Verdict: SEPTEMBER 26, 2008
Style: MARSHALL WOODWARD
JAVIER Z. BAUTISTA AND MASTER BRICK, INC.
Attorneys: PLTF: W. Burl Brock
803 E. Mistletoe
San Antonio, Texas 78212
DEFT: Eduardo G. Garza
ESPARZA & GARZA L.L.P.
964 East Los Ebanos
Intervenor: Mr. Stewart Smith
LAW OFFICES OF ROBERT E. YATES
2110 Walnut5 Hill Lane, Suite 200
Workers Comp attorney
Occupation/Age of Plaintiff: 57 year old Truck Driver
Type Of Case: PI - Car Accident
Summary of Case:
On December 27, 2004, Plaintiff was northbound on the 5800 block of N. Expressway 83, Pharr, Hidalgo County, Texas and had slowed down for traffic in front of him, when Defendant, JAVIER Z. BAUTISTA, who was driving a vehicle owned by Defendant, MASTER BRICK, INC. struck the Plaintiff’s vehicle from behind.
Injury: Shoulder pain resulting in surgery, and back pain resulting in surgery on his back.
Medical Treatment: Dr. Stuart Pipkin, Dr. Steven White, Dr. David Roberts
Dr. Stuart Pipkin
Address: 12709 Toepperwein, #320 San Antonio, Texas
How testified: Deposition-Video
Specials: Past $118,946.50
Lost Wages: Estimated $38,595.84
Future: Unknown - unable to continue to drive a truck
Amt. Prayed For: Jurisdictional Limits
Demand: $1,000,025.00 Policy limits
Length of Trial: 4 days
Personal Injury Cases
Roy Quillian Plaintiff’s Counsel; Jerry Shiely Defense Counsel; carrier State Farm; verdict in November of 2007; Judge Barbara Nellermoe presided; under insured case; $27,500.00 credit; disputed liability until opening statements; zero offer; past medical was around $30,000.00; future medical of $67,000.00; jury awarded $22,500.00 for physical pain and suffering in the past, $40,000.00 for physical pain and suffering in the future, $500.00 for mental anguish in the past, $1,000.00 for mental anguish in the future, $700.00 for loss of earning capacity in the past, zero for physical impairment in the past; $5,000.00 for physical impairment in the future; $12,000.00 for past medical and $50,000.00 for future medical; verdict of around $131,700.00 without court cost and prejudgement interest; net verdict of $104,200.00; policy limits of $25,000.00.
Art Vega Plaintiff’s Counsel; Jason Wagner Defense Counsel; Chanel Ellick; Defendant had rented a U-Haul; U-Haul, self insured; verdict September 26, 2007; Judge Larry Noll presided; rear end collision; significant property damage; jury placed 100% on Defendant; Plaintiffs were from Lebanon (Middle Eastern); both Plaintiffs had soft tissue injuries; Ali had $8,622.52 in past medical; Faten had $9,270.78 in past medical; no future medical; verdict for $36,750.00; jury awarded $8,700.00 for past medical for Ali and $9,300.00 for past medical for Faten and $6,250.00 for past pain for Ali and $12,500.00 for past pain for Faten.
Robert Rios Plaintiff’s Counsel; Mark Lindow Defense Counsel; carrier State Farm; verdict on July 30, 2007; Judge David Rodriguez presided; auto/bicycle accident; accident occurred at night; Defendant claimed Plaintiff bike rider ran a stop sign; Plaintiff’s bike did not have a light; zero offer before trial; verdict of $14,300.00 with court cost and prejudgement interest; about $3,000.00 in past medical; $8,000.00 for past physical pain and suffering; $150.00 for Plaintiff’s bike.
Robert Rios Plaintiff’s Counsel; Jim Upton Defense Counsel; carrier Progressive; minimum limits policy; verdict on June 21, 2007; Judge David Rodriguez presided; stop sign for Defendant; Defendant claimed Plaintiff was speeding; severe property damage; past medical was around $7,500.00; testimony concerning future medical from Plaintiff only; no wages; verdict of around $27,000.00 with court cost and prejudgement interest; jury awarded $7,600.00 in past medical, $7,000.00 past physical impairment, $7,000.00 for past physical pain and suffering and $500.00 for future medical.
Fred Cludius Plaintiff’s Counsel; Andrea Sargent Fambles Defense Counsel; Burl Brock Counter-Plaintiff’s Counsel; Steve Navarro Counter-Defense Counsel; carriers Allstate and State Farm; verdict May 30, 2007; Judge Irene Rios presided; red light swearing match; Counter-Plaintiff admitted to 3 beers before the accident; accident occurred at 3:00 a.m.; it was suggested that Plaintiff did not present well; jury placed 100% on Counter-Defendant; significant impact; both Plaintiff and Counter-Plaintiff had soft tissue injuries; Plaintiff was transported from the scene by ambulance; Plaintiff had $5,600.00 in past medical; Counter-Plaintiff had in $5,800.00 in past medical; no future medical for either; Counter-Plaintiff had no lost wages; jury awarded Plaintiff nothing for any of his damages; jury awarded Counter-Plaintiff $5,300.00 for past medical, $10,000.00 for pain and mental anguish and $8,000.00 for physical impairment; total verdict for Counter-Plaintiff of about $28,000.00 (including court costs and prejudgement interest).
Tom Kemmy Plaintiff’s Counsel; Kevin Mickets Defense Counsel; Carrier Progressive; $25,000.00 limits; Scott Jones Defense Counsel; Carrier Ameriprise; verdict May 9, 2007; Judge Andy Morales presided; Plaintiff’s traffic facing Kevin’s client’s traffic; Kevin’s client tried to get in the turn lane from the curb lane and Scott’s client hit him; knocked him into Plaintiff’s car (side-swipe); argument made concerning low speed impact; minor property damage; jury placed 100% on Kevin’s client; Plaintiff was 60; she had congenital low back problems; she had a L4-L5 spondylolisthesis; Gutzman said she would need surgery; Garza-Valle admitted aggravation; Plaintiff claimed $35,000.00 in past medical and $55,000.00 in future medical; verdict for $185,000.00; jury awarded $35,000.00 for past medical, $55,000.00 for future medical, $15,000.00 for past pain and suffering, $15,000.00 for past impairment, $25,000.00 for future pain, $30,000.00 for future impairment and $5,000.00 for future disfigurement. At mediation, Progressive refused a second Stower’s demand on a $25,000.00 policy and paid well in excess of policy limits to settle post verdict.
Richard F. Neville, III Plaintiff’s Counsel; Hal Pickett Defense Counsel; carrier Allstate; verdict April 19, 2007; Judge Joe Brown presided; yield sign for Plaintiff; Defendant claimed Plaintiff moved forward and stopped again; argument about low speed impact; minor property damage; Rick used an expert from Trinity; Hal also used an expert, but didn’t call him at trial; Jury placed 97% on Defendant, 3% on Plaintiff; Plaintiff was 39; she had a small protrusion in her neck; no surgery recommended; subsequent minor accident; Plaintiff claimed $33,000.00 in past medical; verdict for $62,000.00; jury awarded $33,000.00 for past medical, $10,000.00 for past pain and suffering, $3,000.00 for past impairment, $15,000.00 for future medical (medication); based on Judge Brown’s ruling the parties agreed to reduce the past medical from $33,000.00 to $27,000.00.
Andy Toscano Plaintiff’s Counsel; Hella Schuermann Defense Counsel; carrier Allstate; criminal defense attorney Suzanne Kramer was on the jury; verdict March 23, 2007; Judge Joe Brown presided; controlled (red light) intersection collision; clear liability; jury placed 99% on Defendant, 1% on Plaintiff; hard hit; Plaintiff in her 20s; Plaintiff had a minimal bulge; no surgery recommended; Plaintiff claimed $6,000.00+ in past medical and $4,000.00 per year in future medical; verdict for $165,000.00+; award of $104,000.00 for future medical; balance of award for past medical, pain, impairment and mental anguish; $25,000.00 policy limits; Stower’s demand was made; settled after verdict.
Roy Quillian Plaintiff’s Counsel; Doug Nall Defense Counsel; carrier State Farm; verdict in February of 2007; Judge Marty Tanner presided; not clear liability; T-intersection collision; Plaintiff’s past medical was around $20,000.00; Plaintiff claimed future medical of $60,000.00 to $90,000.00; verdict of around $88,000.00; jury awarded $15,000.00 for past physical impairment and $15,000.00 for future physical impairment; settled after trial.
Jerry Hernandez Plaintiff’s Counsel; Dan Andrews Defense Counsel; carrier Safeway; verdict in February of 2007; Judge David Rodriguez presided; rear end collision; low property damage (approximately $500.00); 100% liability placed on Defendant; Plaintiff claimed past medical $4,500.00; verdict of around $10,500.00; jury awarded $1,000.00 physical impairment and $5,000.00 physical pain and mental anguish; total verdict after prejudgement interest and court cost $15,000.00.