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Mother and daughter each underwent spinal fusion

Amount:

$28,400,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Jim Wells County

Court:

Jim Wells County District Court, 79th

Injury Type(s):

back-lower back; back-upper back; back-fusion, lumbar;
back-herniated disc (herniated disc at L4-5);
back-herniated disc (herniated disc at L5-S1);
neck; neck-fusion, cervical;
neck-herniated disc (herniated disc at C4-5);
neck-herniated disc (herniated disc at C5-6);
other-plate; other-hardware implanted; surgeries/treatment-discectomy; surgeries/treatment-laminectomy (laminectomy, lumbar)

Case Type:

Motor Vehicle – Passenger, Red Light, Intersection, Question of Lights; Worker/Workplace Negligence – Negligent Training

Case Name:

Angelique Briones and Elida Briones v. LeFleur Transportation Company of Texas, Inc. and Delfina Salazar,
No. 12-03-50941-CV

Date:

August 6, 2014

Parties

Plaintiff(s):

Elida Briones (Female, 57 Years), 

Angelique Briones (Female, 40 Years)

Plaintiff Attorney(s):

Thomas J. Henry;
Thomas J. Henry Injury Attorneys;
Corpus Christi,
TX,
for
Elida Briones, Angelique Briones ■ Roger Turk;
Thomas J. Henry Injury Attorneys;
Corpus Christi,
TX,
for
Elida Briones, Angelique Briones

Plaintiff Expert(s):

Dennis Gutzman;
M.D.;
Orthopedic Surgery;
San Antonio,
TX called by
Thomas J. Henry, Roger Turk ■ Michael Leonard;
M.D.;
Neurosurgery;
San Antonio,
TX called by
Thomas J. Henry, Roger Turk

Defendant(s):

Delfina Salazar, 

LeFleur Transportation Company of Texas Inc.

Defense Attorney(s):

Frank Sabo Jr.;
Guerra, Leeds, Sabo & Hernandez;
Edinburg,
TX,
for
Delfina Salazar, LeFleur Transportation Company of Texas Inc.

Defendant Expert(s):

Gregory Goldsmith;
Orthopedic Surgery;
McAllen,
TX called by
Frank Sabo Jr.

Insurer(s):

Liberty Mutual Fire Insurance Co. for both defendants

Facts:

On Oct. 19, 2010, Delfina Salazar was driving a medical transport van with plaintiffs Angelique Briones, 40, and Elida Briones, 57, Angelique’s mother. Salazar was in the course and scope of her employment with LeFleur Transportation of Texas Inc. The van was on Main Street in Alice. The plaintiffs claimed that Salazar ran a red light at Front Street, and the van was struck by a Ford Mustang. The plaintiffs claimed multiple injuries The plaintiffs sued Salazar for running a red light and sued LeFleur for failing to train Salazar adequately on driver safety. The defendants denied the allegations. Salazar said that, when she last looked at the light, before entering the intersection, it was yellow.

Injury:

The plaintiffs went to the emergency room by ambulance from the scene. Angelique claimed a herniated disc at L4-5 and L5-S1. She underwent a laminectomy and discectomy at L4-5 and L5-S1 with lateral fusion, posterior segmentation, and bone harvesting. Angelique’s paid or incurred medical bills were $254,527.89. She also claimed future medical bills, past and future physical pain and mental anguish, past and future physical impairment, and past and future disfigurement. Elida claimed a herniated disc at C4-5 and C5-6. She underwent an anterior cervical discectomy and fusion at C4-5 and C5-6 with polyetheretherketone (PEEK) cage, allograft anterior interbody spacer, and anterior cervical plating. Erica’s paid or incurred medical bills were $278,127.50. She also claimed future medical bills, past and future physical pain and mental anguish, past and future physical impairment, and past and future disfigurement. The treating surgeons opined that the treatment was reasonable and necessary as a result of the accident.

Result:

The jury found Salazar, LeFleur and the other driver negligent, with comparative responsibility of 65 percent on Salazar and LeFleur and 35 percent on the other driver. The plaintiffs’ damages were $28.4 million.

Angelique Briones: $500,000 Personal Injury: Past Medical Cost; $2,500,000 Personal Injury: Future Medical Cost; $1,300,000 Personal Injury: Past Physical Impairment; $2,600,000 Personal Injury: Future Physical Impairment; $500,000 Personal Injury: Past Disfigurement; $500,000 Personal Injury: Future Disfigurement; $500,000 Personal Injury: past physical pain and mental anguish; $1,000,000 Personal Injury: future physical pain and mental anguish; Elida Briones: $500,000 Personal Injury: Past Medical Cost; $2,500,000 Personal Injury: Future Medical Cost; $2,000,000 Personal Injury: Past Physical Impairment; $4,000,000 Personal Injury: Future Physical Impairment; $1,000,000 Personal Injury: Past Disfigurement; $1,000,000 Personal Injury: Future Disfigurement; $2,000,000 Personal Injury: past physical pain and mental anguish; $6,000,000 Personal Injury: future physical pain and mental anguish

Trial Information:

Judge:

Richard C. Terrell

Trial Length:

3
 days

Trial Deliberations:

2
 hours

Jury Vote:

12-0

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.