A Texas jury has rejected a plaintiff's lawsuit seeking damages after his car was struck by another vehicle in an underpass.
Facts & Allegations
Carlos Morales asserted that he was driving his car on a Texas highway when a wild animal ran across the road, he swerved to avoid it, and he went off the road. His car came to rest facing west in the left eastbound lane of the highway, without its lights on, in an underpass.
A few minutes later, Mark A. Pratt hit Mr. Morales' car when he reached the underpass, and Mr. Morales was injured.
A state trooper investigating the accident concluded that it had been caused by a wild animal crossing the road and Mr. Morales' vehicle being disabled in a lane of traffic.
Mr. Morales sued Mr. Pratt for negligently failing to keep a proper lookout, driving too fast, and failing to brake or turn to avoid the collision.
The defense contended that Mr. Morales alone was negligent, and that the lighting conditions at the scene were too dim for Mr. Pratt to have seen Mr. Morales' vehicle in time to avoid it. The defense argued that Mr. Morales should have known better than to let his vehicle sit disabled in the dark in a lane of traffic for five minutes.
Result
The jury found negligence by Mr. Morales and not Mr. Pratt.
The case is Morales v. Pratt, No. 90934-86 (Tex. D.Ct. Kaufman Co. Sep. 12, 2017). Attorneys involved include: David Maldonado; Ben Abbott & Associates, PLLC; Garland, TX, for Carlos Morales; Richard Harrison; Harrison & Hull, LLP; McKinney, TX, for Mark A. Pratt Nimroz Ali; Harrison & Hull, LLP; McKinney, TX, for Mark A. Pratt.
FC&S Legal Comment
This report is based on information that was provided by defense counsel. Plaintiff's counsel declined to contribute.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
Take the guesswork out of your claims settlements.
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].