Trial Magazine

Jonathan Cunningham, a foreman for Troy Construction, was operating a pickup truck on his way to a job site. He drove through a red light and into an intersection at 36 mph, striking Jose Lara Sanchez, who was also operating a pickup truck. This collision caused Sanchez’s truck to strike a light pole, ejecting him from his vehicle. In addition to fractures, he suffered a subarachnoid hemorrhage, necessitating an emergency craniotomy. He also required an endovascular repair of a traumatic transection of his descending thoracic aorta.

After a three-week hospitalization, Sanchez was transferred to a skilled nursing facility for five months of aggressive rehabilitation. A painter, he is unable to return to his job, at which he had earned approximately $28,000 annually. His medical expenses totaled $1.3 million.

Sanchez’s estate, guardian, and children sued Troy Construction, alleging negligent entrustment, hiring, and training. Suit also named Cunningham for his failure to yield the right of way at the intersection.

The defense argued that Sanchez’s injuries resulted from his failure to use his seat belt. The defense also disputed the plaintiffs’ assertion that Sanchez required lifetime medical care, arguing that surveillance video showed him walking unassisted and unsupervised, engaging in family outings, and per-­forming automotive maintenance.

The parties settled for $26 million before trial, paid by the defendant’s insurer.

Citation: Rodriguez v. Troy Constr., No. 38,742 (Tex. Dist. Ct. Titus Cnty. Aug. 4, 2017).

Plaintiff counsel: AAJ member Brent Goudarzi, Gilmer, Texas.