$2,900,000 Settlement for Park-N-Fly Bus Driver
FACTS & ALLEGATIONS
Florence Doe was operating a Park-N-Fly bus westbound on North Terminal Road in Harris County on Dec. 22,1999, when the bus was struck by thousands of pounds of rebar being offloaded from a tractor-trailer by a tower crane. The offloading was in connection with construction of the A/B Terminal parking garage at Bush Intercontinental Airport, a project awarded to general contractor Manhattan Construction Co.
Employees of Richard’s Rebar Placing and The Contractor’s Advantage were positioned on and around a tractor-trailer of rebar where they were tying it for offloading. An employee of Manhattan Construction was operating the tower crane. According to plaintiff attorney Rob Ammons, the crane operator was following the radioed directions of Richard’s Rebar and The Contractor’s Advantage employees.
The plaintiffs alleged that, by contract, no construction activity was to be conducted during the Christmas holidays, which included the date of the accident. They also asserted that during the times when operations were allowed to proceed outside the construction perimeter and on public roadways, then safety regulations and requirements mandated that traffic should be stopped in the two lanes.
Ammons said that this traffic control was to be accomplished through the use of barricading devices and Texas Peace Officers supplied with vests and stop signs. Traffic, however, was not stopped on Dec. 22 when the load of rebar swung out over the roadway and directly into the Park-N-Fly bus, knocking the plaintiff out of her seat.
Doe suffered fractured ribs, a ruptured spleen, pneumothorax, a diaphragmatic tear, and extensor injuries to her righthand. She also developed post-traumatic stress disorder. She underwent several surgeries, with past medical bills estimated at $170,000. Mr. Doe brought a loss of consortium claim.
RESULT: The case settled for $2,900,000. The client recovered $1,622,561 after payment of $117,439.00 in expenses and $1,160,000 in attorney’s fees.
Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.