Rivera v. Gosson

CASE:  Mike Rivera & Jacob Rivera v. Roberta Gosson

DATE:  January 24, 2006

COURT:  County Court #3, Nueces County, Corpus Christi, Texas

JUDGE:  Marisela Saldana

PLAINTIFF ATTORNEY:  George DeVera, Law Office of Thomas J. Henry (Corpus Christi, TX)

DEFENSE ATTORNEY:  Lamar Clemons, English & Clemons, P.C. (Corpus Christi, TX)

FACTS & ALLEGATIONS:
This accident involved an auto/pedestrian motor vehicle accident which occurred on September 18, 2002, in Corpus Christi, Texas.

Plaintff Jacob Rivera, age 13, claimed that he was riding his bicycle next to the curb on Lipan Street when he heard honking behind him.  Lipan is a four lane street with two lanes going east and two lanes going west with a speed limit of 30 MPH.  Mr. Rivera was transporting Angela Johnson who was behind Mr. Rivera with her feet on buddy pegs.  She apparently jumped off the bike before impact.  Mr. Rivera claims that the car behind him kept honking as it got close and he panicked and moved his bicycle to the left and across two lanes of travel and was struck from behind by Defendant’s vehicle.

Defendant clams that she was traveling in the curb side lane of Lipan and saw Plaintiff’s bicycle move from the sidewalk on her right into her lane of travel.  She honked and moved into the left lane, but Plaintiff disregarded her continued honking and she struck Plaintiff in the middle of the street after leaving 47 feet of skid marks.  The investigating officer faulted Plaintiff for failure to yield the right-of-way.  Plaintiff’s attorney argued that Defendant was speeding and did not drive cautiously, considering the circumstances.

Defendant hired Biomechanical Engineer/Accident Reconstructionist Adelino Yung, P.E. who testified (live in trial) that Defendant’s pre-braking speed was at or below the speed limit.

INJURIES/DAMAGES:

Contusion to head and broken left pinky finger that required surgery.  Dr. Timperlake testified that a future surgery was required to straighten the finger.

RESULT:  $0.00

DEMAND:  Policy limits ($20,000).   Amount prayed for:  Medical plus pain & suffering.

OFFER:  $0.00

PLAINTIFF’S EXPERTS:
Dr. Roger Timperlake, M.D.
(Corpus Christi, TX)

DEFENSE EXPERTS:
Adelino Yung, P.E.
Biomechanical Engineer & Accident Reconstructionist (Houston, TX)

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