Motor Vehicle Driver Awarded for Alleged Back and Neck Injuries

A driver who claimed neck and back injuries from a significant impact was awarded $24,584. Omar Rios was driving in Dallas when he was rear-ended by Anthony Davis. Rios claimed sprains and strains and a herniation/protrusion at L5-S1. He underwent physical therapy and chiropractic care for four months. He sought nearly $60,000 in damages. The defense argued that the treatment and charges were excessive; that Rios sustained, at most, a mild soft-tissue strain that resolved by the end of his treatment; that up to six visits over three weeks would have been reasonable and necessary; and that the MRIs were not indicated, in part because there were no objective signs of radiculopathy. Rios v. Davis, No. CC-15-03702-E, D Court: Dallas County Court at Law No. 5 Plaintiff Attorney: Damon Mathias, Mathias Raphael PLLC, Dallas Defense Attorney: John M. Fowler, Lauren S. Shaw & Associates, Addison

Jury Awards Man Hit in Parked Car

A man who was eating lunch in a parked car was awarded $1,471 on his claim that he injured his back and neck. Jose Vallejo was in a parked pickup truck that was hit by a camper towed by Amir Semenoff. Vallejo claimed neck and back sprains and strains; a 2- to 3-millimeter lumbar herniation; hypolordosis; cervical trigger points, suboccipital neuritis and facet syndrome; and right knee pain. Defense counsel argued that the impact was minor and the treatment was excessive and unreasonably expensive. Defense counsel asked the jury to do whatever it thought was right. Vallejo v. Newton, No. DC-15-00823 Court: 193rd Dallas County District Court Plaintiff Attorney: Samantha Sabroski, Ben Abbott & Associates, Garland Defense Attorney: John W. Stilwell, Law Office of John Stilwell, Plano

Jury Awards Plaintiff Claiming Brain Injury Two Years After Crash

A woman who claimed a traumatic brain injury in an intersection collision recovered $135,375. Elise Mahoney was struck by Nicole Rapp on Custer Road at Towne Hill Crossing in Frisco. Rapp was making a left turn when she hit Mahoney, who was oncoming. Maloney was diagnosed with the brain injury almost two years after the accident. Her treating neuropsychologist testified that the window of opportunity for her to receive treatment had closed and that she would live with the effects of the brain injury for the rest of her life. The jury found Rapp 95 percent negligent and Maloney 5 percent negligent, which reduced its $142,500 award. Maloney v. Rapp, No. 429-128-2016 Court: 429th Collin County District Court Plaintiff Attorney: Mark D. Frenkel, Frenkel & Frenkel, Dallas Defense Attorney: Mike H. Bassett, The Bassett Firm, Dallas

Plaintiff Mostly at Fault, Jury Finds

A driver who fractured his sternum in an intersection collision was mostly to blame, a jury found. George Riggs collided with Marcelino Hernandez in Dallas. The stoplights at the intersection were disabled because of a recent storm. Riggs sued Hernandez for negligently failing to keep a proper lookout. Riggs said he waited for his turn before proceeding and was almost all the way through the intersection when Hernandez hit him. An independent eyewitness testified that Hernandez entered the intersection first; that Riggs was speeding; and that Hernandez could not have done anything to avoid the accident. The jury found Riggs 85 percent negligent and Hernandez 15 percent negligent. Riggs v. Hernandez, No. CC-15-04343-B Court: Dallas County Court at Law No. 2 Plaintiff Attorney: Susan Anne Allen, Law Office of Susan Anne Allen, Dallas Defense Attorneys: Melanie M. Clark and Janet Strong, Trina T. Wilson & Associates, Richardson

Motorcyclist’s Fatal Crash Results in $2.1M Settlement

The family of a motorcyclist who was killed in a crash with a sedan while he was speeding agreed to a $2.1 million settlement. Kyle Frisbie, 24, hit an employee of Dahill Office Technology Co., and his mother and common law wife sued the company. The defense argued that Frisbie was contributorily negligent for speeding 10 mph over the 50-mph speed limit. The Dahill employee was also killed in the accident. Frisbie, who was wearing a helmet, sustained blunt-force injuries and died at the scene. Plaintiffs’ counsel noted that the car’s crash data recorder showed that the Dahill driver did not stop before exiting a driveway right before impact. Estate of Frisbie v. Dahill Office Technology Corp., No. C-1-PB-17-001338 Court: Travis County Probate Court No. 1 Plaintiff Attorneys: Lenore Rae Shefman and Daniel J. Curtin Jr., Shefman Law Group/CyclistLaw, Austin; Stephen Nagle, Stephen Nagle & Associates, Austin Defense Attorney: Bret L. Walton, David Klosterboer & Associates, San Antonio