A jury in Texas has found neither driver negligent where one had pulled into an intersection to make way for a fire truck and was hit by a second driver.
Facts & Allegations
Cynthia Stots was stopped in a 2003 Chevrolet Venture minivan at a red light on eastbound Bissonnet Street at the northbound feeder road of Beltway 8 in Houston, Texas, when a fire truck approached behind her, with its overhead lights flashing and siren blaring. Alan Garza, in a Honda Prelude, was approaching the intersection on the feeder with a green light. Ms. Stots pulled into the intersection to make way for the fire truck, and Mr. Garza hit her.
Ms. Stots claimed that Mr. Garza had been negligent in failing to stop for the firetruck. He denied negligence and contended that Ms. Stots had been negligent for running the red light. He also said that he had not seen the fire truck until too late and that he had not heard a siren.
Ms. Stots sought $19,194 for past medical bills, as well as damages for past physical pain and suffering.
Result
The jury found neither driver negligent.
The case is Garza v. Stots, No. 2013-66868 (Tex. Harris Cty. Sept. 21, 2016). Attorneys involved include: Donald G. DeSimone; DeSimone Law Office; Houston, TX, for Cynthia Stots; Karl D. Drews; Cooper, Jackson & Boanerges; Houston, TX, for Alan Garza.
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].