Houston County Texas Awards $16,085 in Cattle Collision

An automobile collision in Houston County, Texas, on September 22, 2015, prompted a negligence lawsuit after the plaintiffs' vehicle struck a cow. The plaintiffs filed the lawsuit on January 21, 2017, against the cow's alleged owners, claiming they negligently failed to secure their livestock. This alleged failure allowed the cow to enter the roadway, violating the Houston County Stock Law and Texas Agriculture Code provisions that prohibit cattle from running at large. The plaintiffs sought damages, interest, and court costs.

One defendant filed an answer generally denying the allegations. However, the other defendant failed to file an answer or otherwise respond to the lawsuit after proper service. The case proceeded through discovery, including an agreed continuance for depositions and mediation. The plaintiffs later filed a motion to dismiss their claims against the responsive defendant without prejudice.

On June 13, 2018, the court granted an interlocutory default judgment against the defendant who failed to respond. The court awarded the plaintiffs $16,085.69, plus pre-judgment and post-judgment interest and court costs. A final judgment entered on August 21, 2018, confirmed this award and dismissed the remaining defendant from the case. An insurer was also recognized as the real party in interest with subrogation rights. The outcome against the defaulting defendant occurred due to their failure to file an answer.