Congratulations to Guillermo Tijerina, Jr. and Glenn Romero!
Trial Win - September 11, 2015
Rivera v. Gonzalez, et al.
Venue: County Court at Law No. 8, Hidalgo County, TX
Verdict: Defense verdict
Type of Case: Auto Accident
Parties Represented: David Adan Gonzalez and Valley Paving, Inc.
This was an accident that occurred on Expressway 83 between the plaintiff’s 2000 F-250 truck, and Valley Paving’s 2003 Peterbilt tractor trailer. According to the police report, Mr. Gonzalez (driving the tractor trailer) was traveling behind Mr. Rivera when Mr. Rivera slowed down due to heavy traffic. Mr. Gonzalez was unable to control his speed and hit Mr. Rivera in the back right bumper area of his vehicle. The Plaintiff was transported to the emergency room via EMS.
Plaintiff claimed that Defendant David Adan Gonzalez was negligent in failing to keep a proper lookout, failing to timely apply his brakes, failing to timely swerve or otherwise maneuver his vehicle so as to avoid the collision, failing to operate the vehicle in a reasonable and prudent manner, failing to operate the vehicle in obedience with traffic laws and regulations, in violation of the Texas Transportation Code Section 545.401, et seq., driver inattention, and failing to control his speed. Plaintiff sued Valley Paving, Inc. for negligent entrustment, though the negligent entrustment was dropped at trial.
Defendants argued that the accident occurred when Mr. Rivera abruptly cut in front of the tractor trailer. Defendants maintained that the accident would not have occurred if Mr. Rivera had not gone into Mr. Gonzalez’ lane. Defendants also sought to convince the jury that the accident could not have occurred in the manner described by Mr. Rivera.
In the end, the jury found the plaintiff 100% negligent for the accident.