Plaintiff claimed back injuries from broadside collision
MOTOR VEHICLE
Intersection — Broadside — Truck — Cell Phone — Red Light
Plaintiff claimed back injuries from broadside collision
$517,285
Richard Frazier v Bethany Salas, No. 15-01-00325
Montgomery County District Court, 284th, TX
Cara Wood
6/20/2017
Daniel Cienfuegos, Jr., The Nielsen Law Firm P.C., Houston, TX
On Oct. 20, 2013, plaintiff Richard Frazier, 46, a telecommunications consultant, was driving a 2006 BMW 650i sedan in The Woodlands. He stopped at a red light, and when it turned green, he proceeded. Bethany Salas was driving a 2013 Hyundai Tucson sport utility vehicle on the cross street and was texting. She ran a red light and struck Frazier’s right rear wheel. Frazier claimed back injuries.
It came into evidence that Salas had caused a rearend collision on a prior occasion while typing into her GPS while driving. Plaintiff’s counsel argued that the prior accident gave Salas actual awareness of the extreme degree of risk of her actions, and that Salas was consciously indifferent to this risk at the time of the Frazier accident.
Salas was not present at trial.
The defense did not dispute negligence, but did dispute gross negligence. The defense argued that Frazier had no evidence that Salas was subjectively, consciously indifferent to the consequences of her actions because Salas was not present at trial and plaintiff’s counsel had not asked her about conscious indifference during her deposition.
The defense was able to keep out the fact that Salas was drinking at a sports bar before the accident.
aggravation of pre-existing condition; herniated disc at L5-S1; lower back; physical therapy
Frazier went to the emergency room by ambulance from the scene. He claimed that the accident aggravated a congenital pars defect at L4-5 and either caused or aggravated a herniated disc at L5-S1. The impact spun his vehicle clockwise 180 degrees.
Frazier sought $21,085 for past medical bills; $163,200 for future medical bills; and unspecified damages for past and future physical pain and mental anguish and physical impairment. He also sought $250,000 in punitive damages.
The defense noted that the medical records reflected multiple inconsistent statements by Frazier about the facts and circumstances of the accident. In his deposition, he denied making the statements, and at trial, the defense argued that he “changed his story” yet again, by saying that the information in question had been given to him by the investigating officer. (The officer did not testify at trial and was not deposed.)
Also, the rehabilitation facility’s records said that, according to Frazier, he aggravated his back on a vacation in Mexico while hiking over rough terrain and swimming in the ocean. (Frazier denied making such a statement.)
The defense also emphasized that Frazier sought no treatment from May 2015 until trial.
The jury found Salas negligent and grossly negligent and awarded Frazier $517,285.
$21,085 past medical cost
$163,200 future medical cost
$10,000 past physical impairment
$25,000 future physical impairment
$250,000 punitive damages
$13,000 past physical pain and mental anguish
$35,000 future physical pain and mental anguish
$517,285
$300,000 (policy limit)
$100,000
Government Employees Insurance Co.
Trial Deliberations: 2.5 hours
Jury Vote: 12-0
Jury Composition: 6 male, 6 female
Nilesh Kotecha, M.D., orthopedic surgery, Houston, TX
None reported
Editor’s Note: This report is based on information that was provided by plaintiff’s and defense counsel.