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Animals Car collided with bull standing in crossroads The estate of a man who died when his car collided with a 1,500-pound bull accepted a $20,000 settlement in his lawsuit against the owners of the bull and the property whence it escaped. Julio Garza, 44, a store clerk, was driving a Ford Escort sedan at 2 a.m. on Nov. 12, 2000, when he struck the Santa Gertrudes bull at the intersection of Highway 44 and CR 93 in Agua Dulce. Garza and the bull were killed. His estate alleged that the bull was allowed to roam free and that the defendants failed to properly maintain an adequate fence. The defendants contended that the five-strand barbed wire fence was adequate and the bull did not have a history of escaping. The settlement was reached on Jan. 9. Garza v. Hefte, No. 02-4887-D Court: 105th District Court, Nueces County Plaintiffs’ Attorney(s): J.G. “Buster” Adami Jr., Adami McNeill Paisley & Appell, Alice Defense Attorney(s): Guy H. Allison, Karon K. Connelly, The Allison Law Firm, Corpus Christi; Larry A. Coffey, Dunn, Weathered, Coffey, Rivera & Kasperitis, Corpus Christi Copyright Rights to outdoor musical “Texas” subject of dispute When attendance at the outdoor drama “Texas,” which drew millions of visitors to Palo Duro Canyon, began declining, the Texas Panhandle Heritage Foundation, which commissioned the play in 1966 from Paul Green, sought the consent of Green’s estate to update it. Although the estate had agreed to minor changes in the past, this time negotiations over proposed changes broke down, and the Panhandle Foundation staged a new drama, “Texas Legacies,” in 2003. Green’s estate sued, claiming that the new production violated its intellectual property rights. The Panhandle Foundation said any similarities between the two productions were based on historical fact, not copying. The case settled with an agreement to pay Green’s estate $300,000 for the rights to “Texas.” The case, in Amarillo federal court, settled on Jan. 14. Texas Panhandle Heritage Foundation v. The Paul Green Foundation, No. 2:03-CV-0046 Court: U.S. District Court, Amarillo Plaintiffs’ Attorney(s): Steven L. Hoard, Mullin, Hoard & Brown, Amarillo; Kirt Stephen O’Neill, Akin Gump Strauss Hauer & Feld, San Antonio Defense Attorney(s): Joe L. Lovell, Lovell, Lovell, Newsom & Isern, Amarillo; Susan Freya Olive, Olive & Olive, Durham, N.C. Medical Malpractice Hospital settled claim it didn’t watch diabetic’s blood-sugar levels The case of a handyman who is in a permanent vegetative state following alleged malpractice at Brooke Army Medical Center in San Antonio settled against the federal government for $8 million, with roughly $5.5 million of that going into a reversionary trust for his future care. When he dies, any remaining funds will revert to the government, not his heirs. A Bexar County sheriff’s deputy rear-ended Marvin Moore, 49, causing a broken pelvis and a closed head injury. He was taken to Brooke, the nearest trauma facility. Moore, a diabetic, was placed on an insulin drip, but his blood sugar spiked downward, which allegedly caused the brain damage. The hospital claimed that part of the damage came from the head injury. A separate state court suit against Bexar County settled for $100,000. Both cases settled on Jan. 8. Moore v. United States, No. 5:03-CV-392 Court: U.S. District Court, San Antonio Plaintiffs’ Attorney(s): Troy S. “Trey” Martin III, Curtis L. Cukjati, Martin & Cukjati, San Antonio; Abel A. Dominguez, Law Offices of Abel A. Dominguez, San Antonio; Suzanne D. Oliva, Oliva, Saks & Garcia, San Antonio Defense Attorney(s): Raymond A. Nowak, U.S. Attorney’s Office, San Antonio Trip and Fall Elderly man tripped in garage while looking for his car An 83-year-old man who fell in the parking garage at St. David’s Medical Center in Austin and broke his hip sustained nearly $250,000 in damages, according to a Travis County jury. However, it also found that he was 40 percent at fault. As Victor Henderson was looking for his car, he cut between two parked vehicles and tripped on a 10-inch-tall parking curb that was not painted a contrasting color. He incurred medical bills of nearly $40,000. The hospital argued that Henderson tripped on a structural beam that did not have to be painted and that he should have stayed on the walkways. The jury’s Jan. 29 verdict found that the hospital was 60 percent negligent and also awarded Henderson’s wife $75,000 for loss of consortium and household services. Henderson v. Columbia/St. David’s Healthcare System, No. GN202179 Court: 126th District Court, Travis County Plaintiffs’ Attorney(s): David A. Cole, Law Offices of David A. Cole, Dallas Defense Attorney(s): R. Chad Geisler, Germer Gertz Beaman & Brown, Austin The verdicts and settlements above are reported and written by VerdictSearch Texas . Send verdicts and settlements to [email protected] Additional verdicts can be found in VerdictSearch Texas or at VerdictSearch.com, affiliates of Texas Lawyer.

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