Richard Zapf, et al vs. Texas Department of Transportation
Jun 29, 2011OUTCOME: Plaintiff Verdict-Gross Amount $1,145,000.00-reduced under Texas Tort Claim Caps on Damages to $250,000.00
On August 20, 2008, at 2:30 pm, 95 year old Hazel Marie Zapf, was driving north/northwest on State Highway 347 in Jefferson County, Texas; when she made a left turn when she was struck by an oncoming v ... ehicle. Richard Zapf, her youngest son, age 60, individually and as personal representative of the estate of Hazel Marie Zapf, Gary Angelle, Lowell Angelle, Barbara Rogers, and Patricia Tooley, her adult children, sued the Texas Department of Transportation. The plaintiffs charged the accident happened because Zapf was unable to see the road due to the tall, uncut grass in the median maintained owned and maintained by Texas Department of Transportation which was between 3 and 5 feet tall at the time of the accident. The plaintiffs charged the defendant had actual knowledge of this dangerous condition and failed to use ordinary care to protect Zapf from this unreasonable risk of harm. The Texas Department of Public Safety investigated the accident and cited the height of the grass as the cause of the collision. Zapf was transported to the emergency room. She sustained blunt force injuries, internal bleeding, and broken neck. She died on August 21, at 10:59 am with four of her children present, Richard was on vacation in Hawaii and could not get back in time. Her estate made pain and suffering claims for Zapf and all her adult children made mental anguish and loss of society claims in the past and the future The State of Texas appealed this verdict.
