Carillo vs. Garza

CASE:  Jesus Carillo & Hilma Carillo v. Juan Carlos Garza

DATE:  10/29/2008

COURT:  Nueces County Court at Law No. 1

JUDGE:  Robert Vargas

PLAINTIFF ATTORNEY:  Michael R. De La Paz (San Antonio, TX)

DEFENSE ATTORNEY:  Robert E. Holcomb, Dietz & Associates (Edinburg, TX)

FACTS & ALLEGATIONS:
On May 6, 2005, plaintiff Jesus Carillo, 60s, a make-ready worker at a car dealer, was driving a pickup in Robstown.  His wife, plaintiff Hilma Carillo, 59, a teachers’ aide, was a passenger.  They were stopped at a light, waiting to turn left onto Avenue J when Juan Carlos Garza rear-ended them.  Garza was driving a full-size sedan.  The Carillos claimed they were injured in the accident.

The Carillos sued Garza, alleging negligent operation of a motor vehicle.

Garza stipulated to liability.

INJURIES/DAMAGES:
Back and neck; chiropractic; lower back; shoulder; strains & sprains; torn rotator cuff; wrist

RESULT:
The jury found that Hilma Carillo’s damages were $1,000, all for past pain and suffering, and that Jesus Carillo’s damages were $1,500, all for past medical expenses.  With the addition of the directed verdict on Hilma Carillo’s medical expenses, prejudgment interest and taxable costs, the plaintiffs’ recovery was $12,151.24.

DEMAND:  $38,000

OFFER:  $1,000

PLAINTIFF’S EXPERTS:
None reported

DEFENSE EXPERTS:
William E. Swan, Jr., M.D.
Orthopedic Surgery (Corpus Christi, TX)

Adelino Yung, P.E.
Biomechanical Engineering (Houston, TX)

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