Austin Trial Team Successfully Defends Two Construction Clients Against Negligence Claims of $785k

Construction Work and the Alleged Unsafe Premises Conditions

Plaintiff, who was a Deputy Sheriff, filed suit against Texas A&M System, along with a paving subcontractor and a general contractor arising from a single-vehicle automobile collision. The wreck happened along a roadway located on the campus owned by A&M System. On this roadway, the contractors had resurfaced the road and previously removed a portion of a roadway to convert a four-way intersection into a T intersection. The construction plans for this intersection did not call for any changes or addition to the road signage, and a Yield sign remained in place. While on his phone and not wearing his seat belt, the Plaintiff failed to realize the road had been removed. He proceeded straight at the Yield sign, driving into a ditch which had previously been the roadway.

A&M System was determined to have immunity prior to trial in a decision determined on appeal by the Texas Supreme Court. The Thompson Coe trial team submitted A&M System as a responsible third party. Plaintiff sought to recover from the construction defendants on a premises liability theory. Plaintiff argued that the Defendants were in control of the intersection at the time of the accident and should have left the temporary barricades after the roadway was removed.

Defendants argued the work was fully complete nearly a month prior to the accident, and the road had been returned to the control of A&M System. Defendants further argued that that Plaintiff’s speed in an unfamiliar, dark area that he knew was under construction while on the phone caused his injury along with his failure to wear a seat belt.

Plaintiff claimed injuries to his neck, arm and shoulder. The jury was asked to determine who was in control of the intersection,  whether the premises condition presented an unreasonable risk of harm, and Plaintiff’s claims of damages.

Jury Apportions Fault for Accident

The jury found that both A&M System and the general contractor were in control of the intersection at the time of the accident, but not the subcontractor. The jury further found that the premises condition was unsafe and that the driver contributed to his own injury.

The jury apportioned 75% of the fault to A&M System and Plaintiff, awarding a total of $190,500.00 in damages, which included past medical expenses, a future surgery, and non-economics in the past of $75k (in line with defense counsel’s suggested numbers.) The jury did not award any future non-economic damages. The total damage award to Plaintiff, after reduction, was $47,500, which had been offered at mediation 5 years prior to the date of trial.