$437,093 – AUTO ACCIDENT

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HARRIS COUNTY

MOTOR VEHICLE

Left Turn — Broadside — Multiple Vehicle

Motorist didn’t yield while exiting driveway, plaintiff claimed

VERDICT

$437,093

CASE

Mark Robbins v. Phyllis Snipes,
No. 2016-54139

COURT

Harris County District Court, 80th

JUDGE

Larry Weiman

DATE

8/21/2019

PLAINTIFF ATTORNEY(S)
Eric D. Nielsen (lead), The Nielsen
Law Firm, P.C., Houston, TX
Nicholas Pohl,
The Nielsen Law Firm, P.C., Houston, TX

 

DEFENSE ATTORNEY(S)
Matthew Witherel,
The Lanza Law Firm,
Houston, TX
FACTS & ALLEGATIONS

On Sept. 16, 2015, plaintiff Mark Robbins, 34, a welder, was driving west on East Medical Center Boulevard, in Webster. The street had two westbound lanes. Phyllis Snipes was exiting the driveway of a hospital.

Snipes was attempting to turn left in her pickup truck, into the eastbound lanes of East Medical Center Boulevard and struck the passenger side of Robbins’ sport utility vehicle. Robbins claimed that he suffered injuries of his back, his chest, his neck and a thumb.

Robbins sued Snipes. Robbins alleged that Snipes was negligent in the operation of her vehicle.

Robbins testified that, at all times, he was in the left lane, did not have his turn signal on and was traveling straight. He was not turning into the driveway or anywhere else, he said. Plaintiff’s counsel argued that Snipes alone was negligent.

Snipes testified that she exited of the hospital driveway because Robbins was in the right lane and had his right turn signal on, and she therefore thought he was going to turn into the hospital. Defense counsel asked the jury to find Robbins 51 percent and Snipes 49 percent responsible. In the alternative, he argued that the jury should find Snipes no more than 55 percent responsible.

RESULT

The jury found that Snipes was entirely liable for the accident. It awarded Robbins $437,093.36.

MARK ROBBINS

$137,093 past medical cost
$80,000 future medical cost
$10,000 past physical impairment
$100,000 future physical impairment
$10,000 past physical pain
$100,000 future physical pain
$437,093

DEMAND OFFER

$490,000 (policy limit)
$40,000

TRIAL DETAILS

Trial Length: 3 days
Trial Deliberations: 4 hours
Jury Vote: 10-2

INSURER(S)

National General Insurance Co.

PLAINTIFF EXPERT(S)

Stephen I. Esses, M.D.,
orthopedic surgery,
Houston, TX
(treater; video deposition)

DEFENSE EXPERT(S)

Andrew P. Kant, M.D.,
orthopedic surgery,
Houston, TX

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel. Defense coun- sel declined to contribute. –John Schneider