Texas Verdicts

Amount:

$6,711,147.47

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Galveston County

Court:

Galveston County Probate Court

Case Type:

Wrongful Death – Motor Vehicle – Pedestrian, Tractor-TrailerWorker/Workplace Negligence – Negligent Training

Case Name:

Manuel Lopez and Nina Lopez individually and Manuel Lopez as administrator of the Estate of Christina Marie Lopez, deceased v. Hector Pena and Altom Transport Inc.,
No. 73804-A

Date:

December 8, 2013

Plaintiff(s):

Nina Lopez (Female), 

Manuel Lopez (Male), 

Estate of Christina Marie Lopez (Female, 11 Years)

Plaintiff Attorney(s):

Larry M. Tylka;
Tylka Law Center;
League City,
TX,
for
Nina Lopez, Manuel Lopez, Estate of Christina Marie Lopez ■ Alton C. Todd;
Law Offices of Alton C. Todd;
Alvin,
TX,
for
Nina Lopez, Manuel Lopez, Estate of Christina Marie Lopez

Defendant(s):

Hector Pena, 

Altom Transport Inc.

Defense Attorney(s):

Darrell L Barger;
Hartline, Dacus, Barger & Dryer;
Corpus Christi,
TX,
for
Hector Pena, Altom Transport Inc. ■ Gregory A. Holloway;
Tekell, Book, Allen & Morris LLP;
Houston,
TX,
for
Hector Pena

Insurer(s):

AIG

On Sept. 24, 2012, plaintiffs’ decedent Christina Lopez, 11, was at a school bus stop at the intersection of North 26th Street and North 30th Avenue in Texas City when she was struck by a tractor-trailer driven by Hector Pena, an employee of Altom Transport. Lopez sustained fatal injuries. Pena was charged with manslaughter and is awaiting trial. Lopez‘s parents, individually and on behalf of her estate, sued Pena and Altom, claiming negligence. Plaintiffs’ counsel maintained that Pena, who was due at work in Pasadena eight minutes after the time of the collision, attempted to turn the corner at an excessive rate of speed and without keeping a proper lookout, causing him to leave the road and strike Lopez. Plaintiffs’ counsel argued that police investigators determined Pena’s right front tire was 3 to 6 inches off the road at the time of the collision. Plaintiffs’ counsel maintained that Altom failed to provide Pena with adequate training, arguing he had not received training required under federal regulation, and that he had not received any training on operating the truck without an attached trailer. Counsel for Pena argued the police report was in error and Pena did not leave the road. Defense counsel argued that the report claimed Pena’s right front tire returned to the road 32 feet after it left, but that since the truck was 27 feet long the right rear tire should have left the road as well. Defense counsel argued no second track was found, establishing the marks cited in the report were not made by Pena’s truck. Pena invoked his Fifth Amendment rights and did not testify. Counsel for Altom argued that Pena held a commercial driver’s license and was adequately trained, and that the collision was not caused by lack of training.

Lopez sustained massive head injuries and was declared dead on the scene. Her family sought $25 million for pre-death pain and suffering, funeral expenses, and past and future loss of society and companionship and emotional distress.

The jury found Pena 70 percent liable and Altom 30 percent liable, and awarded the plaintiffs $6,711,147.47.

Estate of Christina Marie Lopez $11,147 Wrongful Death: Funeral Burial Expense Manuel Lopez $500,000 Wrongful Death: Past Loss Of Society Companionship; $850,000 Wrongful Death: Future Loss Of Society Companionship; $750,000 Wrongful Death: Past Mental Anguish; $1,000,000 Wrongful Death: Future Mental Anguish Nina Lopez $500,000 Wrongful Death: Past Loss Of Society Companionship; $850,000 Wrongful Death: Future Loss Of Society Companionship; $750,000 Wrongful Death: Past Mental Anguish; $1,500,000 Wrongful Death: Future Mental Anguish

Judge:

Kimberly Sullivan

Demand:

$8,000,000

Offer:

$4,000,000

Trial Length:

2
 days

Trial Deliberations:

6
 hours

Jury Composition:

2 men women

This report is based on information gleaned from court docunments and provided by counsel for the plaintiffs and Pena. Counsel for Altom did not respond to calls for comment.