A jury in Texas has rejected a plaintiff's lawsuit in a case in which a witness for the defense supported his claim that he had a green light when he drove through an intersection, and the plaintiff's vehicle collided with his.
Facts and Allegations
Guadalupe Garcia alleged that she was driving a 2004 Nissan Pathfinder in Lewisville, Texas, when she struck a car driven by Robert G. Pierce while she was going through an intersection. The investigating officer did not assign fault.
Ms. Garcia, claiming neck and back injuries, sued Mr. Pierce. She alleged that he had negligently disregarded a red light, failed to yield the right of way, failed to keep a proper lookout, and failed to brake or turn in time to avoid the collision. She claimed that her light was green and that Mr. Pierce had pulled out in front of her.
Mr. Pierce contended that he had a green light, and a witness testified that the light for traffic moving in Ms. Garcia's direction was red.
Result
The jury did not find that Mr. Pierce's negligence, if any, had proximately caused the accident.
The case is Garcia v. Pierce, No. 14-01523-393 (Tex. Denton Cty. D.Ct. July 24, 2017). Attorneys involved include: Adrian Baca; Ben Abbott & Associates; Garland, TX, for Guadalupe Garcia; Adam B. LeCrone; The LeCrone Law Firm P.C.; Sherman, TX, for Robert G. Pierce.
FC&S Legal Comment
This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.
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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].