On April 1, 2005, plaintiff Remigio Jaimes, 37, was driving his friend’s truck on rural road FM 1942 near Baytown at night. Plaintiff Efigenia Garcia, 19, was in the passenger seat. The plaintiffs alleged that a calf was wandering in the road, and when Jaimes swerved to avoid it, he crashed into a ditch off the right side of the road.Jaimes and Garcia sued Michael Novosad, who owned cattle in the area, claiming negligent care of an animal. Jaimes claimed that he crashed his vehicle because he swerved to avoid a calf that belonged to the defendant. Plaintiff’s counsel argued that the defendant was negligent in allowing his cattle to run at large.Novosad acknowledged that three of his calves escaped from the pen earlier that evening and two were found alive later that day. He also acknowledged that the calf found dead near the scene of the accident belonged to him. He denied that he had permitted his calves to run loose, however.
Defense counsel argued faulty evasive action on the part of the plaintiff driver. Counsel further argued that the plaintiff driver was going too fast and had not turned on his bright lights.
A neighbor testified that she heard a crash and went outside, where she found a female motorist who claimed that she had just hit a cow. The neighbor claimed that the woman came into her home, and she then heard a second loud noise. She returned outside to discover the plaintiffs’ truck off the side of the road a short distance away. The neighbor and the defendant testified that they could tell by looking at the dead calf that it had been hit only once.
Police were summoned to the scene and the plaintiffs were taken to the hospital via ambulance. Jaimes alleged that he sustained a dislocated left shoulder and fractured humerus. Garcia claimed to have sustained cuts which required stitches.
Jaimes underwent tests which showed he was legally intoxicated and had cocaine and benzodiazepine in his system.
Jaimes claimed $21,241.61 in medical costs and $18,000 to $24,000 in lost wages. Garcia claimed $8,177.46 in medical costs.
The defense argued that Jaimes caused the accident due to being intoxicated and impaired while operating a motor vehicle.
The jury returned a defense verdict, finding that the Novosad was not negligent and Jaimes was negligent.