BEAUMONT – On Wednesday, April 13, Judge Wortham of the 136th Judicial District of Jefferson County Texas entered judgment on a $2.78 million verdict in favor of a Labelle resident for injuries she sustained after being involved in a car accident at the intersection of Hildebrandt and FM 365 in Labelle, Texas, a press release states.
On Oct. 16, 2018, the Labelle resident was driving back home from school when she reached the Hildebrandt and FM 365 intersection. Her view of the oncoming traffic was blocked by a large truck that was parked in front of a nearby convenience store at the intersection. The driver tried to pull out safely when she was struck by an oncoming vehicle, the press release states.
Jurors found that the Labelle resident was 50 percent negligent after pulling out into the intersection. The other 12 percent was placed on the convenience store for allowing the large truck to be parked in the area, blocking the visibility of oncoming traffic, and 38 percent was placed on the company that owned the truck that was blocking the driver’s view.
There was evidence that the owner of the store located at the intersection was using the area in front of their store as a private parking lot for drivers of large trucks. Evidence further showed that the truck owner knew the danger of parking at this location and the potential for blocking the view of drivers at this intersection, the press release states.
“While the jury found that our client was partially at fault, which she admitted at trial,” says Darren Brown, one of the Provost Umphrey attorneys representing the victim. “The jury further found that the store owner and truck owner were also a cause of the crash because they were responsible for blocking the view of drivers at the dangerous intersection.”
Under Texas law, a person can still recover damages if they are 50 percent or less at fault for the cause of an accident.
The jury deliberated for four hours and fifteen minutes before reaching the unanimous decision.
“I am extremely happy we were able to get our client this result,” says Fabiana Baum, Provost Umphrey attorney also representing the victim. “Our client suffered extensive damages, and to be able to compensate her for what she has gone through is very fulfilling.”
The case is Kaitlyn Garcia v. Elkins’ Tractor and Hauling Services LLC, et all. Cause No. D.203584, in Jefferson County Court, Judge Baylor Wortham presiding.
Provost Umphrey
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