National Verdicts

Plaintiff(s):

Thomas Gray (Male, 41 Years)

Plaintiff Attorney(s):

Amy Dunn;
The Crim & Villalpando Law Firm;
Houston,
TX,
for
Thomas Gray ■ Eduardo Domenech;
The Crim & Villalpando Law Firm;
Houston,
TX,
for
Thomas Gray ■ Andrew Smith;
The Crim & Villalpando Law Firm;
Houston,
TX,
for
Thomas Gray

Plaintiff Expert(s):

Anello D’Ambra; D.C.; Chiropractic; Galveston,
TX called by:
Amy Dunn, Eduardo Domenech, Andrew Smith

Defendant(s):

Annette Novelli Felts

Defense Attorney(s):

M. Shane Thompson;
Susan L. Florence & Associates;
Houston,
TX,
for
Annette Novelli Felts

Insurer(s):

Allstate Insurance Co.

On Aug. 11, 2015, plaintiff Thomas Gray, 41, a handyman, was bicycling east on the sidewalk of Avenue J, a two-way street in Galveston. The street was on Gray’s right. Annette Novelli Felts, in a Honda CR-V, was exiting the driveway of the office building where she worked. Gray claimed that Felts hit him as he was passing in front of her. Gray claimed multiple injuries. Gray sued Felts, alleging that she negligently failed to keep a proper lookout, failed to yield the right of way and failed to control her speed. He claimed that she hit his left side with the right half of her front bumper. Defense counsel argued that Gray negligently failed to stop at the intersection of the driveway and the street, failed to keep a proper lookout and tried to beat the car as it exited the driveway. Counsel also argued that Gray was negligent for going the wrong way on the sidewalk. Plaintiff’s counsel countered that there is no “wrong way” on the sidewalk. In her trial testimony, Felts questioned whether there was any contact at all. If there was, she said that she was stopped and that Gray ran into her. Plaintiff’s counsel impeached her with her recorded statement, in which she said she was creeping forward. The jury charge included “sudden emergency,” “unavoidable accident” and “act of God” instructions.

Gray claimed that he was knocked unconscious and did not wake up until he was in the ambulance. He was taken to the emergency room and treated and released. He followed up with a chiropractor and an orthopedic surgeon, and his last visit to any provider was on Nov. 19. He claimed that the accident caused headaches, a concussion, neck and back sprains and strains, a herniated lumbar disc, a full-thickness tear of the right (dominant) supraspinatus tendon, a rupture of the long head of the right biceps tendon at the shoulder and injuries to his right side generally. He said he can no longer raise his arm above horizontal. He underwent physical therapy with the chiropractor from Aug. 20 to Nov. 18, a total of 17 treatment sessions. A lumbar MRI and right shoulder MRI on Sept. 25 were read as showing the herniated disc and the shoulder injuries, respectively. At an orthopedic evaluation on Oct. 19, the doctor recommended continuing physical therapy. At a re-evalauation on Nov. 19, he recommended arthroscopic shoulder surgery. The chiropractor testified live, saying that all of the treatment and bills were reasonable, necessary and related to the accident. Gray testified that he was limited in his work, chores and ability to exercise. He could not climb ladders, which affected his work. He testified that he could not afford to continue treating, other than taking over-the-counter medication. He sought $15,734.75 for past medical expenses, consisting of a $7,000 MRI bill, a $3,555 chiropractor bill; $3,319.05 in bills from the ambulance, hospital and emergency physician; and a $1,500 orthopedic surgeon bill. Gray also sought future medical expenses, past and future physical pain and mental anguish, past and future physical impairment and past and future disfigurement. Plaintiff’s counsel asked the jury for a total of about $45,000. Defense counsel argued that the impact, if any, was very minor. Photos showed little to no damage to the Honda and the bicycle. He also noted that Gray was referred to the chiropractor by an attorney. In addition, the records from the emergency room and the initial visit to the chiropractor made no mention of some of the injuries he later claimed. Also, Gray acknowledged that he was convicted of a non-violent felony about 1.5 years after the accident.

The jury found negligence and comparative responsibility of 55 percent on Felts and 45 percent on Gray and awarded Gray $30,734.75. After the reduction for comparative responsibility, his damages were $16,904.11.

Thomas Gray: $15,735 Personal Injury: Past Medical Cost; $10,000 Personal Injury: Future Medical Cost; $5,000 Personal Injury: past physical pain and mental anguish

Actual Award:

$20,053.95

Judge:

Lonnie Cox

Demand:

$20,000

Offer:

$2,000

Trial Length:

2
 days

Trial Deliberations:

3.5
 hours

Jury Vote:

11-1

Jury Composition:

5 male/ 7 female

Post Trial:

With prejudgment interest and taxable costs, the judgment was $20,053.95.

This report is based on information that was provided by plaintiff’s and defense counsel.