Brownsville, Texas Pedestrian Accident Settles for $25,000

In January 2013, a pedestrian pushing a wheelchair was allegedly struck by a sedan driven by a Cameron County bailiff in downtown Brownsville. The plaintiffs claimed the bailiff's vehicle, operated in the course and scope of his employment, struck them as he pulled away from a stop sign and crossed an intersection. They subsequently filed a lawsuit against the bailiff, Cameron County, and the city, alleging negligence for failing to yield the right of way, maintain proper lookout, control speed, and avoid the collision. A police report indicated the bailiff failed to yield to a pedestrian.

The defendant denied negligence, contending that the pedestrian pushed the wheelchair against the left front quarter panel of the sedan, resulting in only a slight impact. The defense also asserted that the plaintiffs were not in a crosswalk and noted that an initial claim that the impact knocked one plaintiff from the wheelchair was later withdrawn. The defendants counterclaimed, alleging that the plaintiffs' injury claims were frivolous.

Both plaintiffs were transported to an emergency room, claiming various injuries including spinal disc herniations and strains, and a torn meniscus for the wheelchair user. Their combined medical bills totaled over $60,000, with recommendations for multiple surgeries. The defense disputed that the plaintiffs sustained any injuries in the incident, citing emergency room records that described the impact as minor, noting no damage to the wheelchair, and pointing to a pre-existing knee condition for the wheelchair user. Defense counsel also highlighted extensive prior emergency room visits by the plaintiffs for unrelated issues and presented surveillance video showing them engaging in normal activities after the incident.

The case concluded in a settlement totaling $25,000, with each plaintiff receiving $12,500. This settlement occurred in the context of a statutory damages cap of $100,000, applicable due to the defendant's status as a county employee.