Car collides with motor home: Improper control of motor home: Speeding: Multipe fractures: Concussion: Lacerations: Settlement

Law Reporter, Jun 2000

Car collides with motor home: Improper control of motor home: Speeding: Multiple fractures: Concussion: Lacerations: Settlement. Burks v. Komro, Tex., Upshur County 115th Jud. Dist. Ct., No. 209-97, Feb. 4,2000.

Burks, 24, and her son, 4, and daughter, 6, were driving southbound on a highway. A motor home driven by Komro pulled in front of Burks's vehicle, resulting in a collision. Burks suffered multiple fractures, including a neck fracture of her C2 lamina and right hand and rib fractures. Additionally, she sustained multiple lacerations and a concussion. She has undergone multiple surgeries and continues to suffer from headaches, memory lapses, and depression. Her medical expenses totaled approximately $157,700. Burks's son suffered a right thumb fracture, contusions, and abrasions, and her daughter suffered abrasions. Their medical expenses totaled about $1,900.

Burks, individually and on behalf of her children, sued Komro, alleging, among other claims, failure to (1) yield the right of way, (2) keep a proper lookout, (3) timely apply brakes, and (4) maintain proper control of the motor home. Plaintiffs also claimed defendant was speeding.

Defendant argued that Burks caused the accident and contended that she may have been traveling too fast and taking diet medication.

The parties settled for a confidential amount. Plaintiffs' experts were Jerry Wallingford, accident reconstruction, San Antonio, Tex.; F.G. Mears, psychology, Tyler, Tex.; Wayne Werner, vocational issues, Scroggins, Tex.; and Dale Funderburk, economics, Commerce, Tex.

Defendant's expert was Vernon Wade, accident reconstruction, Tyler, Tex.

Plaintiffs' Counsel

*Blake C. Erskine, Longview, Tex.

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