Texas Verdicts

Find out about the most important recent Texas cases, selected by VerdictSearch editors. Coverage includes Dallas, Harris and Tarrant counties. Subscribe to VerdictSearch for access to all Texas verdictsPricing Options

Plaintiff lacerated spleen and liver in 100-mph rollover

Amount:

$300,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Brazos County

Court:

Brazos County District Court, 85th

Injury Type(s):

hip back-strain; lumbar
head-headaches head-closed head injury other-abrasions other-soft tissue other-spleen; laceration
pulmonary/respiratory-pneumothorax gastrointestinal/digestive-liver(liver, laceration)

Case Type:

Motor Vehicle – Rollover, Passenger, Single Vehicle

Case Name:

Madeline Holland v. Allstate Fire & Casualty Insurance Co.,
No. 12002950-cv-85

Date:

September 25, 2013

Parties

Plaintiff(s):

Madeline Holland (Female, 16 Years)

Plaintiff Attorney(s):

Fred Davis;
Davis & Davis;
Bryan,
TX,
for
Madeline Holland

Plaintiff Expert(s):

John Mason Sr.;
M.D.;
General Surgery;
Bryan,
TX called by
Fred Davis

Defendant(s):

Allstate Fire & Casualty Insurance Co.

Defense Attorney(s):

Michael R. Simcoe;
G. Patrick Collins & Associates;
Houston,
TX,
for
Allstate Fire & Casualty Insurance Co.

Facts:

On Sept. 17, 2011, plaintiff Madeline Holland, 16, a student, was a passenger in a car driven by Gary Eastep on Highway 30 in College Station when Eastep lost control and left the road. Holland held underinsured motorist coverage with Allstate. Estep’s insurance carrier settled with Holland. She claimed multiple severe injuries. Holland sued Allstate, seeking underinsured motorist coverage. Holland claimed Eastep was going more than 100 mph when he lost control, left the road, and flipped over, causing her to be ejected from the car. Allstate argued that Holland bore comparative liability for her injuries. Defense counsel argued that Eastep had a history of reckless driving and that Holland was aware of that history. Defense counsel argued that Holland chose to accept a ride from Eastep despite an offer of a ride from a friend of her mother. Defense counsel argued that Holland had a cell phone, but there was no evidence she attempted to contact police to report Eastep’s reckless driving.

Injury:

Hollard was transported by ambulance to the emergency room. She sustained a lacerated spleen and liver, a pneumothorax, a closed head injury, lumbar strains, a sprained left ankle, soft-tissue injuries to her left hip and multiple bruises and abrasions. Holland claimed she continues to experience chronic headaches and pain whenever she engages in physical activity. She claimed she has been forced to give up jogging and other exercise. The plaintiff sought $500,000 for past and future pain and suffering and physical impairment. Defense counsel argued that Holland‘s injuries were not as severe as claimed and she made a full recovery.

Result:

The jury awarded Holland $300,000.

Madeline $100,000 Personal Injury: past damages$200,000 Personal Injury: future damagees

Trial Information:

Judge:

J.D. Langley

Demand:

$100,000

Offer:

$2,120

Trial Length:

1
 days

Trial Deliberations:

8
 hours

Jury Vote:

11-1

Jury Composition:

5 male/ 7 female

Editor’s Comment:

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