Automobile crash on icy roads: Water leakage from lawn maintenance systems on adjacent premises: Wrongful death: Settlement

Law Reporter, Jun 2001

Neely ro. Garvon, Inc., Tex., Tarrant County 153d Jud. Dist. Ct., No. 153-1794-38-99, Feb. 13, 2001.

Neely, 19, was driving past several commercial office buildings. He was seriously injured when he lost control of his car due to ice on the road and struck a light pole. Water had reportedly collected in the road due to leakage from the irrigation systems used nearby. He died about five weeks later.

Neely had been earning about $40,000 per year as a bartender, having decided to forego college temporarily. His medical and funeral bills totaled $215,000. He is survived by his parents.

Neely's parents, individually and as representatives of their son's estate, sued the owner of the premises where the buildings were situated, alleging that it was liable for failing to properly inspect the lawn maintenance systems and discover the leaks, or, alternatively, for failure to repair the leaks it knew to exist. Plaintiffs also sued the landscape maintenance provider, alleging that it had knowledge of the leaks and the hazard created on the road. Plaintiffs argued that a landowner is liable for a hazard created on adjoining premises due to activities on its own premises, and asserted that evidence showed the leak had been present for several months before Neely's crash.

Defendants contended that Neely had a blood alcohol level of 0.135 when tested at the hospital following the crash. Defendants also asserted that the investigating police officer had stated that Neely had been speeding when he encountered the ice on the road.

The parties settled for $700,000, of which $500,000 was paid by the lawn maintenance company's insurer and $200,000 by the premises owner's insurer.

Plaintiffs' experts were Chris Simson, accident reconstruction, Grand Prairie, Tex.; and Alejandro Santos, trauma surgery, Bob Thurmond, irrigation systems, and Richard H. Turner, accident reconstruction, all of Dallas, Tex.

Defendants' expert witnesses were William T. Lowry, toxicology, Grand Prairie, Tex.; and Max Courtney, toxicology, Curtis J. Flynn, accident reconstruction, Joyce Romero, neurology, and John Heldman, irrigation systems, all of Dallas, Tex.

Plaintiffs' Counsel

*Kim R. Thorne, Grand Prairie, Tex.

John M. Thorne Jr., Grand Prairie, Tex.