Pearland Parking Lot Collision Settles, Amount Undisclosed

On September 29, 2015, a collision occurred in a Pearland parking lot when a retiree, driving a 2013 Lincoln MKZ, crossed a driveway and struck another vehicle. The retiree was crossing a section of the parking lot without a stop sign, while the other driver, traveling in the driveway, had a stop sign. Police responded but did not issue a report, and neither driver claimed injuries at the scene.

The retiree's insurer initially filed a subrogation lawsuit against the other driver to recover $11,660.89 paid for its insured's vehicle damage. The other driver then filed a third-party claim against the retiree. The parties were subsequently realigned, with the retiree as the plaintiff and counter-defendant, and the other driver as the defendant and counter-plaintiff. The plaintiff alleged the defendant was negligent for failing to keep a proper lookout, running a stop sign, failing to yield the right of way, and failing to control her speed. The defendant countered, alleging the plaintiff was also negligent, claiming she failed to keep a proper lookout, failed to yield, and was distracted by a cell phone, which the plaintiff denied. A dispute also arose regarding the reasonableness of the plaintiff's vehicle repair costs.

Following a two-day trial, the jury deliberated for three hours and found both drivers negligent. The jury assigned 70 percent of the responsibility to the defendant and 30 percent to the plaintiff, awarding the plaintiff $11,660.89 in damages. Before a judgment could be entered based on the jury's findings, the parties reached a settlement for an undisclosed amount.