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Transit bus didn't make contact with car, defense argued

Type:

Verdict-Defendant

State:

Texas

Venue:

Harris County

Court:

Harris County Court

Injury Type(s):

knee; other-soft tissue; other-chiropractic; other-back and neck; other-physical therapy

Case Type:

Motor Vehicle - Sideswipe, Lane Change, Multiple Vehicle

Case Name:

Tineaka Pogues v. Metropolitan Transit Authority County, No. 2015-14164

Date:

March 14, 2017

Parties

Plaintiff(s):

Tineaka Pogue (Male, 29 Years)

Plaintiff Attorney(s):

Kiernan McAlpine; Daspit Law Firm; Houston, TX, for Tineaka Pogue ■ Corey Kronzer; Daspit Law Firm; Houston, TX, for Tineaka Pogue

Defendant(s):

Metropolitan Transit Authority of Harris County

Defense Attorney(s):

Jon P. Bohn; Metropolitan Transit Authority Law Department; Houston, TX, for Metropolitan Transit Authority of Harris County

Facts:

On Feb. 25, 2015, plaintiff Tineaka Pogues, 29, was in her vehicle waiting at a traffic light at the intersection of Bissonnett Street and Centre Parkway in Harris County when an articulated Metropolitan Transit Authority bus allegedly sideswiped her. Pogues claimed neck, back and knee injuries. Pogues sued the Metropolitan Transit Authority, claiming that the bus driver was negligent in the operation of his vehicle. Pogues claimed that she was stopped at the traffic light in the far left lane of the three-lane road. Pogues claimed that the bus driver was in the far right lane and drove across the lanes of travel in an attempt to turn onto the left-turn-only lane at the intersection when the bus sideswiped the passenger side of her vehicle. Pogues introduced a photograph of a broken passenger side mirror and scratches on the vehicle. The defense argued that the bus driver claimed his vehicle never made any contact with Pogues' vehicle. The defense argued that the bus driver stated that he first became aware of the alleged incident when Pogues pulled her vehicle next to the bus at the intersection and advised him of her claimed incident. The defense noted that there was no physical evidence of damage to the bus. The defense also argued that Pogues left the scene before transit authority investigators and transit authority police arrived. The defense argued that because Pogues left the scene, the only evidence that the incident occurred was her trial testimony. The defense further argued that the Pogues' photographs of the broken passenger side window and scratches on her vehicle did not indicate that they were caused by the alleged incident.

Injury:

Pogues presented to an emergency room the next day with complaints of pain in her neck, back and right knee. She had X-rays and was discharged. She was ultimately diagnosed with neck and back soft-tissue injuries and, soft-tissue swelling of her right knee. Pogues underwent a period of physical therapy and chiropractic care. Pogues claimed residual pain and limitations performing activities of daily living. Pogues sought to recover $29,000 in past medical costs. She sought $49,500 for future medical expenses. Pogues also sought $25,000 in damages for past physical pain and suffering. She sought $8,000 in damages for future pain and suffering. The defense argued that Pogues had no claimed damages because the incident did not happen. The defense further argued that even if the incident did happen, the impact would have been so minor that it could not have caused her claimed injuries and the medical bills she sought.

Result:

The jury found there was no negligence on the part of the transit authority.

Trial Information:

Judge:

Gary Michael Block

Demand:

$75,000

Offer:

None

Trial Length:

2  days

Trial Deliberations:

1.5  hours

Jury Composition:

6 male/ 6 female

Editor's Comment:

This report is based on information that was provided by plaintiff's and defense counsel.