Tiffany Dawn Davis v. Dewitt Green, III and Texas Fueling Services, Inc.
Partner Jaime A. Saenz, along with Bijan Siahatgar, Brian Hamilton, and Annie Jacobs of Strasburger & Price, LLP defended Dewitt Green, III (“Green”) and Texas Fueling Services, Inc. (“Texas Fueling”) in a personal injury lawsuit filed on behalf of Tiffany Dawn Davis in County Court at Law Number 4 in Nueces County, Texas. The lawsuit arose from a single vehicle rollover that occurred on November 9, 2016 on HWY 37 in Corpus Christi, Texas. The Plaintiff Davis was the seat belted driver of a 2015 Nissan Sentra, the vehicle that rolled. The Plaintiff Davis claimed that Green, traveling in the same direction on HWY 37 in a 2005 International commercial vehicle, veered from the middle lane, struck Plaintiff Davis’ vehicle, causing the loss of control and rollover.
Plaintiff asserted negligence against Green in causing the impact that lead to the loss of control and asserted negligence and negligent entrustment against Green’s employer Texas Fueling. It was stipulated that Green was in the course and scope of his employment with Texas Fueling at the time of the accident. The Plaintiff underwent surgery three months after the accident, which included a Kyphoplasty at T-12 to repair a compression fracture and a spinal fusion at levels L4-S1. The Plaintiff Davis had a pre-existing condition of Grade III Spondylolisthesis at L5-S1, which was claimed to have been aggravated in the accident. The Plaintiff incurred $325,000 in past medical expenses. The defense of Green and Texas Fueling focused on Green not having caused an impact, that Green was a competent and DOT qualified driver and Texas Fueling was not negligent in
hiring and retaining him, and regarding damages, that conservative treatment was not explored before the surgery. The Parties retained liability experts and damages experts who testified. The case was tried for seven days beginning on January 29, 2018. Plaintiff’s counsel sought over $100 Million in damages. The jury returned a verdict in favor of the Plaintiff for $840,000. The jury assessed Green with 80% responsibility, Texas Fueling with 10%, and Plaintiff Davis with 10%.