Intersection — Multiple Impact — Multiple Vehicle
Driver ran intersection without working stoplights, plaintiff said
v. Wendy Vazquez-Buezo,
Harris County District Court, 295th
Law Firm, P.C., Houston, TX
Taylor Law Firm,
Sprague & Diamond, P.C.,
On Aug. 26, 2013, plaintiff Russell Gammel, 44, a high school’s physical education teacher and athletics coach, was driving north on Gessner Road, approaching the eastbound Northwest Freeway service road, in Houston. All the traffic lights were out.
Wendy Vazquez-Buezo was driving on the service road and did not stop at the intersection. Her car’s front end and the left front of Gammel’s pickup truck collided, and the pickup truck was pushed into a car that was in the lane to his right. Gammel claimed multiple injuries.
Gammel sued Vazquez-Buezo. Gammel alleged that Vazquez-Buezo was negligent in the operation of her vehicle.
Gammel testified that he stopped and waited his turn before proceeding into the intersection. The investigating police officer faulted Vazquez-Buezo for failing to yield the right of way.
Vazquez-Buezo testified that she was behind a box truck and did not realize the lights were out and that, if she had known, she would have stopped. Defense counsel argued that, because Gammel knew the lights were out and Vazquez-Buezo did not, Gammel was responsible for the accident.
The jury found that Vazquez-Buezo was liable for the accident. It determined that Gammel’s damages totaled $450,512.
$134,512 past medical cost
$211,000 future medical cost
$50,000 past physical impairment
$55,000 past physical pain
$30,000 (insurance coverage’s limit)
State Farm Insurance Cos.
Trial Deliberations: 3 hours
Jury Vote: 12-0
Jury Composition: 6 male, 6 female
Nilesh Kotecha, M.D.,
Martin Bloom, M.D.,
(videotaped testimony presented)