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SOUTHEAST TEXAS RECORD

Thursday, November 7, 2024

Plaintiffs Allege Negligence Against Texas Resident Following Traffic Collision

State Court
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In a dramatic legal turn of events, two Harris County residents have taken legal action against a fellow Texan following a severe traffic collision. On October 21, 2024, Michael Rojas and Deyvi Alvarez filed a lawsuit in the District Court of Harris County, Texas, accusing Fernando Orellana Nunez of negligence that led to significant injuries and damages. The plaintiffs allege that the defendant's reckless driving on May 10, 2024, resulted in a devastating crash at the intersection of Bellaire Blvd and Bele Park Drive.

According to the complaint filed by Rojas and Alvarez, they were stopped at a red light when Nunez collided with their vehicle after allegedly failing to adhere to traffic signals. The plaintiffs assert that they had the green light when they began their left turn, only for Nunez to crash into them unexpectedly. This incident has prompted serious allegations against Nunez, including claims of negligence and negligence per se. The plaintiffs argue that Nunez breached his duty of care as a motor vehicle operator by failing to maintain proper lookout and control over his speed and failing to brake timely or steer clear of the collision.

The lawsuit further contends that Nunez violated several sections of the Texas Transportation Code—specifically §§545.062 (following too closely), §544.007(d) (disregarding stop signals), and §545.401 (reckless driving). These statutes are designed to protect individuals from negligent drivers, and the plaintiffs believe their injuries fall within the type these laws aim to prevent. As such, Rojas and Alvarez seek substantial monetary relief exceeding $1 million for physical pain, mental anguish, medical expenses both past and future, loss of consortium, disfigurement, loss of earning capacity, punitive damages, and other related costs.

The plaintiffs are represented by Anthony G. Buzbee along with Ryan S. Pigg, Mauricio Guevara, and Polette Ortega from The Buzbee Law Firm based in Houston. They have requested a jury trial to determine the outcome of this case. The case is presided over by Judge Gerardo Perez under Case ID 2024-72892 in Harris County's 333rd District Court.

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