| NEGLIGENT MAINTENANCE
On Sept. 18, the family of a mentally ill man who was fatally struck by a car as he walked on an unlighted road recovered $948,000.
In 2005, Paul Wojewski, who suffered from bipolar disorder, was walking in the center lane of Belt Line Road in Dallas when he was hit by a car driven by Alejandro Garcia. Wojewski's family said Garcia couldn't see Wojewski before the accident because the streetlights at the site weren't working.
They blamed TXU Electric Delivery Co., which operates and maintains the lights, alleging it knew of the problem weeks earlier but failed to fix it.
TXU argued Garcia was at fault and also blamed Wojewski for failing to take his medication.
The family also sued Wojewski's psychiatrist, Dr. Michael Rosenthal, alleging he allowed Wojewski to leave his office unescorted while in the midst of a manic-depressive episode two days before the accident. The doctor settled prior to trial for an undisclosed amount.
The jury found TXU 40 percent liable, Rosenthal 40 percent liable and Wojewski 20 percent liable and awarded the family $2.37 million in damages. With the reduction for comparative fault and the earlier settlement, the family recovered $948,000 from TXU.
Wojewski, et al. v. TXU Electric Delivery Co., et al., No. 06-07584
Court: 95th District Court, Dallas County
Plaintiffs' Attorneys: Rachel Candelet, Hunter Craft, Daniel Longoria and John Ramsey, Watts Guerra Craft, Houston
Defense Attorneys: Andrew Cox and Lance Travis, Burford & Ryburn, Dallas
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