Three-Generation Family Wins $286,715 Jury Verdict After Dallas Rear-End Crash
Won by Ben Abbott & Assoc.
Ben Abbott PC secured a $286,715 jury verdict for a grandmother, her daughter, and her grandson after a pickup truck driver rear-ended their stopped sedan on Westmoreland Road in Dallas.
What happened
On the afternoon of April 22, 2011, Vera Marsh, 57, was driving north on Westmoreland Road in Dallas with her daughter Lena Marsh, 33, and her grandson Willie Boulden, 21, riding as passengers. The family's mid-size sedan came to a stop near Interstate 30 while Vera yielded to a passing fire truck.
Manuel Herrera, following behind in a full-size pickup truck, failed to stop in time and struck the rear of the Marsh vehicle. Herrera did not hold a valid driver's license at the time of the collision.
Vera sought medical care six days later at Kare Clinic, reporting pain in her left shoulder, neck, and lower back. A cervical MRI taken on May 12, 2011, revealed disc protrusions and herniations at two levels, C3-4 and C4-5. Her daughter and grandson also suffered injuries in the impact.
The family retained Ben Abbott PC, which filed suit against Herrera in Dallas County District Court. At trial, Herrera's defense disputed the stop, arguing the plaintiffs had entered an intersection after a green light and stopped suddenly. Herrera did not appear at trial. The jury credited the plaintiffs' account that Vera stopped lawfully to yield to an emergency vehicle.
On July 23, 2013, the 95th District Court jury returned a verdict of $286,715. Vera Marsh received $270,675, covering past and future medical costs, physical impairment, and pain and suffering. Lena Marsh was awarded $12,930 and Willie Boulden $3,110 for their respective injuries.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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