San Francisco Jury Awards $9.6M in Commercial Truck Pedestrian Accident

On March 27, 2024, a motor vehicle accident occurred at the intersection of Alabama and Fannin Streets in Houston, Texas. A driver, identified as the defendant in subsequent litigation, unsafely changed lanes and collided with another vehicle. This collision caused the second vehicle to crash into a building owned by an entity insured by Philadelphia Indemnity Insurance Company, resulting in property damage totaling $26,105.26. After paying its insured's claim, Philadelphia Indemnity Insurance Company filed a subrogation lawsuit against the defendant, alleging negligence.

The plaintiff claimed the defendant's negligence, specifically citing unsafe speed, improper lookout, an unsafe lane change, and failure to yield the right of way, was the proximate cause of the damages. The defendant initially filed a general denial. However, the defendant failed to respond to the plaintiff's discovery requests, including Requests for Admissions, which resulted in the default admission of liability. The defendant's subsequent attempt to withdraw these admissions, citing medical reasons, was unsuccessful as good cause was not established.

The court subsequently granted the plaintiff's Traditional Motion for Summary Judgment on both liability and damages. Following additional procedural failures by the defendant, including an unexcused absence from a court-ordered deposition and later from a Pre-Trial Conference and Docket Call, the court struck the defendant's Answer. On December 16, 2024, a post-answer Final Judgment was entered against the defendant, finding the defendant liable for the property damage. The judgment awarded Philadelphia Indemnity Insurance Company $26,105.26 in principal, $454.38 in court costs, and $500.00 in attorney's fees as sanctions, along with interest at a rate of 8.50% per annum, compounded annually.