A Texas jury has decided that a driver who admitted that he had been using his cell phone before rear-ending another vehicle was negligent (but not grossly negligent).
Facts and Allegations
Tonard Warmsley, a police officer, was driving with Latrice Johnson, a municipal court administrator, when they stopped at a red light and were rear-ended by Colton Skallerup.
Officer Warmsley and Ms. Johnson sued Mr. Skallerup for negligence and gross negligence. They claimed that he either was texting or talking on his phone, which led him to not pay attention to the road.
Mr. Skallerup did not dispute liability, but disputed that he had been grossly negligent. He conceded that he had been using his phone as he changed lanes. He asserted, however, that his phone use was only a couple of seconds, and was akin to reaching down and using the radio or a touchscreen found in many vehicles.
Result
The jury found that Mr. Skallerup had been negligent, but not grossly negligent. It awarded $96,143.63.
The case is Johnson v. Skallerup, No. 153-280609-15 (Tex. Tarrant Co. D.Ct. Feb. 6, 2018). Attorneys involved include: Quentin Brogdon; Crain Lewis Brogdon, LLP; Dallas, TX, for Latrice Johnson, Tonard Warmsley. Sarah Rogers; Crain Lewis Brogdon, LLP; Dallas, TX, for Latrice Johnson, Tonard Warmsley. Bruce S. Campbell; Brackett & Ellis, P.C.; Fort Worth, TX, for Colton Skallerup
FC&S Legal Comment
This report is based on information that was provided by plaintiffs' and defense counsel.
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