HOUSTON – The 14th Court of Appeals recently affirmed a damages award against the Metropolitan Transit Authority in a lawsuit claiming a bus driver hit a parked truck.
Alberto Mendoza filed suit against Metro back in 2016, seeking damages for his medical expenses, pain, impairment and lost wages.
Court records show Mendoza parked his work truck and trailer in one lane of a two-lane road to work on laying an underground power line. He placed orange traffic cones around the back of the trailer to warn approaching traffic.
However, a Metro bus hit the truck as Mendoza was bent over the passenger seat putting his tool bags away. He was transported by ambulance to a hospital.
At trial, a jury placed the majority of the blame on Metro, awarding Mendoza $41,580.23 for his past medical expenses, $22,200 for his past and future pain and mental anguish, $25,000 for his past and future impairment and $12,211.90 for his lost wages.
The trial court’s final judgment awarded Mendoza 70 percent of the damages found by the jury, court records show.
On appeal, Metro argued the trial court erred entering judgment for any of the Mendoza’s alleged damages because there was insufficient evidence.
Justices affirmed the trial court’s judgment on June 17, court records show.
Houston attorney Jon Bohn represents Metro.
Attorney Terry McGovern of the Bergquist Law Firm in Houston represents Mendoza.
Appeals case No. 14-19-01011-CV