Texas Verdicts
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$96,742.86
Type:
Decision-Plaintiff
State:
Texas
Venue:
Dallas County
Court:
Dallas County District Court, 192nd
Injury Type(s):
back-herniated disc(herniated disc at L4-5); lumbar(herniated disc at L4-5)
back-herniated disc(herniated disc at L5-S1); lumbar(herniated disc at L5-S1)
neck-herniated disc(herniated disc at C3-4); cervical(herniated disc at C3-4)
neck-herniated disc(herniated disc at C4-5); cervical(herniated disc at C4-5)
neck-herniated disc(herniated disc at C5-6); cervical(herniated disc at C5-6)
other-chiropractic
Case Type:
Motor Vehicle – Broadside, Multiple Vehicle, Question of Lights
Case Name:
Darrion Mitchell and Kuyoro Wheeler v. Rodolfo Ortega,
No. DC-11-16063
Date:
August 9, 2013
Plaintiff(s):
Kuyoro Wheeler (Male, 32 Years),
Darrion Mitchell (Male, 45 Years)
Plaintiff Attorney(s):
Jill B. Herz;
Jill Herz, Attorney at Law, P.C.;
Dallas,
TX,
for
Kuyoro Wheeler, Darrion Mitchell
Defendant(s):
Rodolfo Ortega
Defense Attorney(s):
Claudia M. Cano;
Legal Aid of Northwest Texas;
Dallas,
TX,
for
Rodolfo Ortega
Insurer(s):
Pronto General Agency
On Aug. 31, 2010, plaintiff Darrion Mitchell, 45, occupation unavailable, was driving a pickup truck south on Wycliffe Avenue at the intersection with Maple Avenue in Dallas with plaintiff Kuyoro Wheeler, 32, occupation unavailable, as a passenger when they were involved in a collision with a car driven by Rodolfo Ortega. Mitchell and Wheeler sued Ortega, claiming he was driving through the intersection on a green light when Ortega ran a red light on Maple Avenue and collided with the side of his truck. Ortega did not dispute negligence.
Wheeler claimed herniations at C3-4, C4-5 and L5-S1, while Mitchell claimed to have herniations at C4-5, L4-5 and L5-S1. Both plaintiffs underwent four months of chiropractic care. They claimed that they will require additional physical therapy and pain management treatment. Both parties claimed their injuries interfered with their activities of daily living. Mitchell claimed to have missed 180 hours of work for medical treatments. Mitchell sought $130,831.33 for past and future pain and suffering, physical impairment, medical expenses and lost income, while Wheeler sought $94,340.43 for past and future pain and suffering, physical impairment and medical expenses. Defense counsel disputed the damages. Defense counsel maintained that the plaintiffs’ medical expenses were unnecessary, arguing the plaintiffs’ injuries were pre-existing conditions.
Judge Craig Smith ruled that Ortega was negligent and awarded $96,742.86.
Darrion Mitchell$17,615 Personal Injury: Past Medical Cost$5,000 Personal Injury: Future Medical Cost$10,000 Personal Injury: Past Physical Impairment$1,500 Personal Injury: Future Physical Impairment$1,725 Personal Injury: Past Lost Earnings Capability$10,000 Personal Injury: Past Pain And Suffering$2,000 Personal Injury: Future Pain And SufferingKuyoro Wheeler$15,831 Personal Injury: Past Medical Cost$5,000 Personal Injury: Future Medical Cost$10,000 Personal Injury: Past Physical Impairment$1,500 Personal Injury: Future Physical Impairment$10,000 Personal Injury: Past Pain And Suffering$2,000 Personal Injury: Future Pain And Suffering
Judge:
Craig Smith
This report is based on information that was gleaned from court documents and provided by plaintiffs’ counsel. Defense counsel did not respond to calls for comment.