Nolan Ryan Wins Large Verdict in Wrongful Death Case

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OUTCOME: Offer- $5,000. Verdict- $198,444.

On Oct. 20, 2019, plaintiffs’ decedent Joseph Paul Reyna, 30, a subcontractor handyman, was driving a sedan east on Avenue J in Galveston, approaching 7th Street. In this location, Avenue J has three l ... anes in each direction, separated by a wide median. There is a break in the median at 7th Street, with a stop bar in the median for traffic crossing Avenue J’s eastbound lanes. A city trolley bus was traveling west on Avenue J, and the operator intended to turn left onto 7th Street. The operator entered the break in the median and proceeded to cross the eastbound lanes of Avenue J. Reyna struck the bus’s right side. Reyna was killed. He was survived by his mother, plaintiff Marcella Reyna, and his two minor daughters, who were also plaintiffs. The bus was empty except for the operator, who sustained only bumps and bruises.  The lead police investigator for the accident determined that Reyna was going 80 in a 35-mph zone. Also, Reyna had a blood alcohol concentration of .22, and he had burglarized a house 10 to 15 minutes before the accident. In addition, a witness told police that he saw Reyna run several red lights in a row before the accident. Finally, when Reyna burglarized the house, he stole a dog, which was also killed in the accident. The plaintiffs sued the city. The lawsuit alleged that the bus operator was negligent in the operation of the bus. The plaintiffs claimed that the bus operator was fatigued and that she failed to yield the right of way. Video of the incident showed that she did not come to a complete stop before starting to cross the eastbound lanes. The operator's shift had begun more than 12 hours earlier. Plaintiff’s counsel argued that the operator was 60 to 70 percent responsible for the accident. The defense contended that Reyna was solely responsible or, alternatively, at least 90 percent responsible for the accident. The defense cited Reyna's speed and his blood alcohol concentration. The fact of the burglary and the stolen dog’s death also came into evidence. The bus operator said she stopped in the median, checked for eastbound traffic and did not see any before the impact. The defense argued that she had the right of way. The operator also claimed that she had taken some rest breaks during her shift. Reyna sustained severe internal injuries and was transported to a hospital, where he was declared dead. He was survived by his mother and two daughters. Both girls were under 10 years old.