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Phyllis Hyatt-Parsely, et al. v. ABF Freight Systems, Inc., et al.

Date: 10-25-1999

Case Number: 97-08323-B

Judge: Margaret Keliher

Court: 44th Judicial District Court, Dallas County, Texas

Plaintiff's Attorney: Cecil Casterline and
Allen Ray Weed of
Casterline, Weed & Wood, Dallas, Texas

Defendant's Attorney: R. Brent Cooper and
William Allred of
Cooper & Scully, Dallas, Texas for ABF and Robert Pennington.

Heather McClure of McCue & Lee, Dallas, Texas for McCarthy.

Charles Crawford of Abernathy, Rodder, Roberts & Boyd, McKinney, Texas for
Shane Berry.

Description:

Automobile - Semi-Tractor Trailer Accident on I-35 in Dallas. Michael McCarthy and Shane Berry were racing on I-35. Michael McCarthy hit an ABF unit driven by Robert Pennington and lost control of his pickup and hit Mr. and Mrs. Garrett's Chey Suburban at high speed causing it to run of of the road and turn over. Mr. and Mrs. Garrett were thrown from their vehicle and killed because they were not wearing their seatbelts. Their children, who were wearning their seatbelts, were not seriously injured. Michael McCarthy sustained eventually fatal injuires as a result of the accident.

Phyllis Hyatt-Parsley bought suit to recover for the injuries and damages sustained by the Garrett children as a result of the negligence of Michael McCarthy and Shane Berry. Plaintiff also sued ABF and its driver. The plaintiffs' claims against McCarthy's estate and Shane Berry were settled.

ABF and Pennington denied fault.

Outcome:

Defendant's verdict with a finding that Pennington was not at fault, that Michael McCarthy was 85% at fault and Shane Berry was 15% at fault.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

None

About This Case

What was the outcome of Phyllis Hyatt-Parsely, et al. v. ABF Freight Systems, Inc...?

The outcome was: Defendant's verdict with a finding that Pennington was not at fault, that Michael McCarthy was 85% at fault and Shane Berry was 15% at fault.

Which court heard Phyllis Hyatt-Parsely, et al. v. ABF Freight Systems, Inc...?

This case was heard in 44th Judicial District Court, Dallas County, Texas, TX. The presiding judge was Margaret Keliher.

Who were the attorneys in Phyllis Hyatt-Parsely, et al. v. ABF Freight Systems, Inc...?

Plaintiff's attorney: Cecil Casterline and Allen Ray Weed of Casterline, Weed & Wood, Dallas, Texas. Defendant's attorney: R. Brent Cooper and William Allred of Cooper & Scully, Dallas, Texas for ABF and Robert Pennington. Heather McClure of McCue & Lee, Dallas, Texas for McCarthy. Charles Crawford of Abernathy, Rodder, Roberts & Boyd, McKinney, Texas for Shane Berry..

When was Phyllis Hyatt-Parsely, et al. v. ABF Freight Systems, Inc... decided?

This case was decided on October 25, 1999.