A jury in Texas has rejected a plaintiff’s negligence action, concluding that an unknown driver was the proximate cause of an auto accident in which the plaintiff alleged that she was injured.
Facts and Allegations
Kathryn Le alleged that she was driving north on U.S. Highway 75, in Allen, Texas, when Arriaga Noe Marroquin entered her lane and the rear corner of his pickup truck and the front corner of her sedan collided.
Ms. Le claimed that her back and neck were injured, and she sued Mr. Marroquin for negligence.
Ms. Le claimed that Mr. Marroquin had changed lanes and had initiated the collision.
The police report diagram of the accident showed an unknown vehicle cutting Mr. Marroquin off, but the investigating officer faulted Mr. Marroquin only, for making an unsafe lane change and taking faulty evasive action.
Mr. Marroquin testified that an unknown driver in an unknown vehicle had cut him off and forced him to swerve, and he designated the unknown driver as a responsible third party.
Result
The jury rendered a defense verdict. It found negligence and proximate cause as to the unknown driver only. The damages question was predicated on liability, and Ms. Le took nothing, even though the jury awarded $3,500.
The case is Le v. Marroquin, No. 429-03599-2018 (Tex. D. Ct. Collin Co. May 14, 2019). Attorneys involved include: Joel M. Vecchio; Law Offices of Joel Vecchio; for Kathryn Le; Walker M. Duke; Law Offices of Joel Vecchio; for Kathryn Le; John M. Fowler; Lauren S. Shaw & Associates; Addison, TX for Arriaga Noe Marroquin.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff’s and defense counsel.
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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].