Matthews v Kerns
Apr 24, 2013OUTCOME: Defense Verdict
Plaintiff demanded $50,000 our offer was $3,500. Plaintiff received $0
Cheryl Ann Wulf's Legal Cases (5)
Tyler, TX
Criminal defense Lawyer at Tyler, TX
Practice Areas: Criminal Defense, Car Accidents ... +18 more
Bailey & Bell v Rodriguez & Rodriquez
Mar 16, 2011OUTCOME: The jury found Rodriguez negligent and that Bailey's damages were $8,566. The jury did not find gross negligence.
On March 16, 2009, plaintiff Curtis Bailey, 41, a mechanic, was driving with plaintiff Monica Bell, 36, a waitress, as a passenger. They were in a mid-size sedan in the 1400 block of FM 1960 in Houston ... . They claimed that Rosalba Rodriquez changed lanes to the right and struck their left side. The plaintiffs then struck a large pickup truck, after which the plaintiffs' vehicle spun almost 180 degrees counterclockwise before regaining control. Police cited Rodriguez for making an unsafe lane change. Rodriguez was driving a mid-size sedan owned by Maximo Rodriguez Jr. The plaintiffs sued Rodriguez for changing lanes unsafely. They also claimed she was drinking shortly before the accident. Bailed said he had to chase her down and get in front of her to make her stop after the accident. The plaintiffs alleged ordinary and gross negligence. The plaintiffs also sued Maximo Rodriguez, for negligent entrustment, but that claim was dismissed on summary judgment. Bell settled for $8500 before trial. Rodriguez denied the allegations. According to plaintiff's counsel, Rodriguez contended that Bailey came into her lane and caused the accident. According to defense counsel, Rodriguez said she tried to change lanes without looking over her shoulder, and the plaintiff was in her blind spot. Rodriguez said she did not know that there was contact, but she saw the plaintiff hit the pickup and started looking for a safe place to pull over from the far left lane, where she was. Rodriguez also said that, although she had had two margaritas a couple of hours before the accident, she was not intoxicated or under the influence. The police report did not mention alcohol, and the investigating officers spoke to Rosalba at close range. The plaintiff did not mention alcohol to the police. Bailer went to the emergency room that night on his own and was given a walking cane. He followed up with a medical doctor and a chiropractor. He went to two pain management doctors, and both recommended epidural steroid injections. He did not undergo the injections. He said he missed about one month of work before being fired, and he sought about $5,000 in past lost wages. His past medical bills were $12,587. He sought unspecified damages for past pain and suffering. He used a can at his disposition, at mediation and at trial. The defense argued that Bailey's conditions, although asymptomatic before the accident, were preexisting. Also, a surveillance video showed him jogging across the street without his cane. In his deposition, Bailey denied that he was able to work, but an investigator found that he was working. At trial, Bailey said he was mostly running errands, but not lifting, as he had been doing int he job he held at the time of the accident. In a recording made by Bailey at the scene, he was heard to tell Bell that they were both going to the doctor and were going to "get paid." Defense counsel said Bailey did not complain of injury at the scene. The defense expert suggested that the ER visit, the MRI, and 12 chiropractic visits were reasonable. Those bills totaled $7,886. The defense argued for zero on the other elements.
Aguilera v Harvey
Jan 11, 2011OUTCOME: Defense verdict-no damages awarded
Defended landowner who was sued by neighboring property owners alleging nuisance for diverting the flow of water and alleging property damages as a result.
Sumner v Guerrero
Jul 27, 2009OUTCOME: Defendants not negligent
Defended homeowners of rental property who were sued by neighbor claiming that the tenant's dog tried to attack him while he was driving his motorcycle causing him to wreck and causing injuries
Rahman v. Cajic
May 18, 2005OUTCOME: Defendant's not negligent
On Oct. 23, 2001, plantiff Ehsanur Rahman, a Houston attorney, was involved in an accident in which his corvette was sscraped by an older-model Ford Escort in a covered parking garage at Sharpstown Mal ... l. Rahman then told the other driver, Mirela Cajic, a 19-year-old Bosnian Immigrant to sign a paper stating that she had scratched the side of his car. Rahman then sued Cajic, alleging negligence in that he was seated in his parked car when Cajic drove through the garage and the front of her driver's side scraped the rear passenger side of his vehicle. Cajic denied liability, contending that Rahman backed his car out of an angled parking space, and that his negligence in failing to keep a proper lookout caused the accident. Cajic's attorney pointed out to the jury that damage to the cars was not consistent with how Rahman claimed that the accident happened. Rahman claimed that Cajic changed her story after admitting fault at the scene, but Cajic explained that she had been in the United States for only about a year and that she simply complied with Rahman, who told her that there was no reason to call the police, the police would issue her a ticket and all that she needed to do was write word-for-word what he told her to write on the piece of paper. Her attorney argued that Rahman, who had a greater knowledge of the law than Cajic, was setting up a lawsuit. Rahman claimed $4,363 in chiropractic bills for soft-tissue neck, back, and knee injuries which he treated three days after the accident. He did not ask for a specific amount of damages for pain and suffering and mental anguish. At trial, he did not pursue compensation for repairing his car. Cajic's attorney pointed out that Rahman had made several prior insurance claims regarding back and neck injuries from recent car accidents and that he had sent a demand to another insurance company in November 2001 claiming that he had continuous back pain from an accident in 1999.
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