Houston Jury Awards $1,425,000 in Vehicle-Pedestrian Accident

A pedestrian filed a personal injury lawsuit after being struck by a vehicle at a used car auction in Houston, Texas. On January 20, 2015, the plaintiff was walking through the auction parking lot when a vehicle, operated by an independent contractor hired to move cars, hit the plaintiff. The plaintiff sustained serious orthopedic injuries to a leg, which required surgery and was expected to necessitate future knee replacement surgery.

The plaintiff alleged that the defendant driver was negligent for failing to control the vehicle's speed, maintain a proper lookout, exercise caution, and keep a safe distance. The plaintiff also claimed that the defendant auction company and the defendant personnel company were vicariously liable for the driver's actions. Additionally, the plaintiff asserted that the companies were negligent for failing to investigate the driver's alleged history of unsafe driving and for maintaining an unsafe auction setup and driver direction system.

The defendants denied all allegations of negligence, arguing that the plaintiff caused the incident. They maintained that the plaintiff was looking down at paperwork while walking through the parking lot and stepped in front of the moving vehicle.

A jury ultimately found the defendants negligent. Liability was apportioned as 40% to the defendant auction company, 50% to the defendant personnel company, and 5% to the defendant driver. The plaintiff was found to be 5% comparatively negligent. The jury awarded total damages of $1,500,000, which was reduced to $1,425,000 to reflect the plaintiff's comparative negligence.