Quincy Russell vs. Adrianna Contreras and Ricardo Martinez, Cause No 2019 CI 04369
Tried before Judge Normal Gonzales (131st District Court) from April 11 to April 14, 2022.
Plaintiff Counsel: Rodriguez Trial Law, by Nadine Rodriguez (Lead Attorney), Fidel Rodriguez, Jr. (Second Chair), Fidel Rodriguez III, and Martin Garza.
Defendant Martinez Counsel: Hope & Causey, P.C., by Wesley Ward and Marissa Rodriguez.
Defendant Contreras Counsel: Fanaff, Hoagland, Gonzales, Baldwin & Cunningham, by Alex Yamron.
Facts of Case
The case resulted from a four-car collision with contested liability between Defendant Contreras (insured by Farmers Insurance) and Defendant Martinez (insured by Allstate Insurance).
Crash happens on Friday, May 25, 2018, during rush hour traffic on Loop 410 WB near Bandera Road. All cars are in the far-left lane.
Liability facts
Contreras Version – Vehicle 4 (Martinez) was coming up very fast behind her in stop-and-go traffic. Vehicle 3 (Contreras) swerved to the left to avoid being hit, but she was struck by Vehicle 4 causing her to collide with the concrete barrier, which in turn led to a violent collision with Vehicle 2 (Munawar) and a violent collision to the driver’s side door of Vehicle 1 (Russell).
Martinez Version – He is behind Vehicle 3 and sees her hit the back end of Vehicle 2. It is too late to react, and Vehicle 4 (Martinez) also strikes Vehicle 2. Martinez is not sure how Vehicle 1 (Russell) was hit.
Russell Version — He hears commotion behind him and then sees Vehicle 3 coming up from his left side. Russell has no idea who hit who behind his vehicle. Russell has 3 children in the vehicle; none of the children were injured in the collision.
Independent Witness places 100% of blame on Defendant Contreras.
Defendant Contreras places 100% of blame on Defendant Martinez.
Defendant Martinez accepts partial blame for the collision, but also places blame on Defendant Contreras.
Plaintiff Russell has a prior felony conviction within the past 10 years. All parties agree that SAPD report has many errors and omissions.
Damages
Plaintiff did not go to ER right after the crash, but he goes two days later with neck and back pain. He starts treatment with Dr. Michael Stelzer, a chiropractor, about a week later and continues treatment from June through September 2018. He has an MRI, at the direction of the chiropractor, which shows 2 small disc herniations. He sees a pain management physician, also at the direction of the chiropractor, and takes one round of oral steroids, as prescribed by pain management doctor. There is no surgical recommendation at any time.
Total past medicals are $17,151.40. There is no claim made for past wages or loss of future wage-earning capacity.
Plaintiff does not have further treatment until May 2021, when he has 5 additional visits of chiropractor care. Both the doctor and Plaintiff testify that he only went for further care because the doctor was going to be deposed.
Plaintiff’s trial team focused on physical impairment and the inability to perform activities and bond with loved ones (This was our theme for damages). Our client’s back pain and limitations stopped him from playing basketball with his son, his nephews, and his brother. Plaintiff’s father, an HEB warehouseman, had instilled on him the values of family unity, and Plaintiff hoped to pass on this legacy to his son.
Pre-trial offers:
Farmers Insurance — $10,000
Allstate — $8,000 (Decision made to settle with Allstate for the offered amount on Wednesday morning before Plaintiff testified.)
Plaintiff’s Monetary Request During Closing — $89,151.40 (Medical of $17,151.40 plus $72,000 in non-economic damages).
Jury’s verdict (11-1) was 60% fault on Vehicle 3 (Defendant Contreras) and 40% fault on Vehicle 4 (Defendant Martinez).
Total amount awarded by jury is $60,000.00.
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