A jury has decided that a husband and wife who were struck by a car while crossing a street in Texas were negligent and entitled to no damages from the driver.
Facts & Allegations
On January 30, 2013, Cheor Kim, a neurologist, and his wife, Oknam Yoo, a nurse in her husband's office, were taking an early morning exercise walk down Greenbriar Drive in Houston. While walking south on the east side of Greenbriar Drive, they crossed University Boulevard, which has two westbound lanes at that intersection. A driver in the right lane was stopped at the intersection, but a driver in the left lane, Antonio Robles Sr., struck the plaintiffs with the front of his 2000 Nissan Maxima. Dr. Kim and Ms. Yoo were in a crosswalk, and the pedestrian crossing signal was not functioning.
Dr. Kim and Ms. Yoo sued Mr. Robles for negligently disregarding a red light, failing to yield the right of way, and failing to keep a proper lookout. They asserted that, because the pedestrian crossing signal was out, they looked at the stoplight for westbound traffic and confirmed that it was red before crossing University Boulevard.
Mr. Robles contended that his light was green. The driver in the right lane, he said, stopped only to let the couple cross and not because the light was red. Mr. Robles further claimed that the vehicle in the right lane blocked his view of Dr. Kim and Ms. Yoo.
In addition, Mr. Robles said that, although it was early morning and the sun was not yet up, Dr. Kim and Ms. Yoo should have seen his vehicle, which was white and had its headlights on.
Result
The jury found negligence and comparative responsibility of 50 percent each on Dr. Kim and Ms. Yoo, but none on Mr. Robles.
The case is Kim v. Robles, No. 2015-01505 (Tex. Harris Co. April 26, 2016). Attorneys involved include: Plaintiff Attorney(s): Jonathan C. Kieschnick; The Crim Law Firm; League City, TX, for Cheor Kim, Oknam Yoo; Arshad A. “Adam” Ramji; Ramji & Associates; Houston, TX, for Cheor Kim, Oknam Yoo; Defense Attorney(s): Michael T. Sprague; Sprage, Rustam & Diamond, P.C.; Houston, TX, for Antonio Robles Sr.
FC&S Legal Comment
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].