In a disputed liability trucking case I tried in Bexar County with Partner Autumn Owen, a jury returned a complete defense verdict, finding our client zero percent liable and awarding the plaintiffs nothing.
The case arose from a September 5, 2024 nighttime collision on the Loop 410 access road in San Antonio. Our client was exiting a private driveway when the plaintiff driver struck his trailer. Two plaintiffs sued, claiming serious injuries including a traumatic brain injury, rib fractures, spinal herniations, a back surgery, and the need for future surgeries. They were seeking damages in excess of $1,000,000.
The case had previously been handled by another firm, which had valued it at over $1,000,000. When it was transferred to us, we rebuilt the defense from the ground up.
The plaintiffs contended that because they were traveling on the access road and our driver was pulling out from a private drive, our driver was negligent for failing to yield the right of way. They obtained concessions from our driver that had he not pulled out, the accident would not have happened, and an independent witness testified that the plaintiffs had the right of way.
However, through our investigation, we were able to show that those statements were misleading and that negligence rested solely with the plaintiff driver. Posts made by the plaintiff driver in an online automotive forum established that his vehicle had been recently modified to produce up to 859 horsepower. Piecing that together with statements captured on body camera footage at the scene, we were able to establish that the plaintiffs were out testing the vehicle the night of the crash. Before our involvement, the defense had found only that the plaintiff was traveling in excess of the posted 45 mph speed limit. Through our far more extensive analysis we were able to establish that the plaintiffs were traveling in excess of 80 mph before the collision.
Beyond liability, our team aggressively challenged the necessity of plaintiffs’ medical treatment and their inflated medical billing. One plaintiff underwent a 25-minute minimally invasive lumbar procedure that generated bills exceeding $400,000, from providers who, by their own admission, operate almost exclusively on referral from plaintiff attorneys, are not in-network with any insurance carrier, and were charging hundreds of thousands of dollars more than what the services were worth. The jurors we spoke to after the verdict found the excessive billing egregious, and one juror commented that the medical providers were the ones that should’ve been sued.
This result reflects the kind of preparation that wins hard-fought cases, and we’re proud of the work our team put in to make it possible
Juan R Fuentes
Lead Counsel
Autumn Owen
Second Chair