Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 07-03-2025
Case Style:
Case Number: 23-cv-0224
Judge: Sidney A. Fitzwater
Court: United States District Court for the Northern District of Texas (Dallas County)
Plaintiff's Attorney: Josua Klinck
Defendant's Attorney: James Murrell, Barry Hardin, Emily Price, Linda haddad
Description: Dallas, Texas personal injury lawyer represented the Plaintiff on an auto negligence claim.
This case was filed in the County Court at Law No. 2 of Dallas County, Texas, CC-23-06164-B, and was removed to federal court by the Defendant.
In Texas, auto negligence law dictates that drivers have a duty to operate their vehicles safely and responsibly, adhering to traffic laws and exercising reasonable care to avoid causing harm to others. If a driver breaches this duty (e.g., by speeding, running a red light, or being distracted) and their actions directly cause an accident resulting in injury or damages, they can be held liable for negligence. Texas follows a modified comparative negligence system, meaning that even if a driver is partially at fault for an accident, they can still recover damages as long as their percentage of fault is 50% or less.
Here's a more detailed breakdown:
1. Duty of Care: All drivers have a legal duty to operate their vehicles safely and obey traffic laws. This includes a responsibility to avoid causing harm to others on the road.
2. Breach of Duty: A breach of duty occurs when a driver fails to exercise reasonable care, such as by speeding, driving under the influence, or running a red light.
3. Causation: The breach of duty must directly cause the accident and the resulting injuries or damages.
4. Damages: The injured party must have suffered actual harm, such as physical injuries, property damage, or financial losses.
Modified Comparative Negligence: Texas follows a "51% rule," which means that if a driver is found to be more than 50% at fault for an accident, they cannot recover damages. If a driver is 50% or less at fault, their damages will be reduced by their percentage of fault.
Example: If a driver is awarded $100,000 in damages but is found to be 30% at fault, their compensation will be reduced by 30%, resulting in a recovery of $70,000.
Negligent Entrustment: In some cases, a person who owns or controls a vehicle can be held liable for negligent entrustment if they allow someone with a known dangerous driving history or impairment to operate their vehicle.
Outcome: Outcome unknown.
Joint MOTION to Appoint Guardian ad Litem filed by Ventura Sys LLC.
Plaintiff's Experts:
Defendant's Experts:
Comments: