On March 28, 2006, plaintiff married couple Kent Peterson, 43, an airplane engine mechanic, and Tamara Peterson, 41, a bakery manager, were traveling in a car on Highway 105 near Brenham. A pickup operated by Gary Wayne Gibbs crossed the center line and hit their car head-on.Gibbs was an area manager acting in the course and scope of his employment with one or more of the following: Cequel III Communications; Universal Cable Holdings, LLC; Cebridge Connections Equipment Sales, LLC; and Cebridge General, LLC.
The Petersons sued Gibbs for crossing the center line and for driving in the rain with the cruise control on despite also being blind in one eye. The plaintiffs sued Cequel III, Universal Cable, Cebridge Connections and Cebridge General under respondeat superior. The plaintiffs alleged negligence and gross negligence.
The defendants stipulated that Gibbs’ employer was Universal Cable.
After voir dire, in exchange for nonsuit of the gross negligence claim, the defendants stipulated to Gibbs’ negligence.
Both the Petersons sustained multiple leg and arm fractures and lacerations. Ms. Peterson had a stroke on her third day in the hospital. According to her attorney, it was caused by a dissected carotid artery, and the artery was dissected by her seat belt in the accident. She claimed that the stroke left her with physical disabilities and cognitive deficits, and that she will never work again.
Both plaintiffs underwent multiple operations. Mr. Peterson underwent fusion of his wrist and said that he will not be able to return to the same kind of job, but will be able to work in some capacity. Ms. Peterson had a stroke at the hospital.
Mr. Peterson claimed past medical bills of $148,735, future medical bills of $50,000, past wage loss of $87,641, and future wage loss of $639,337. He also claimed loss of consortium of $1 million in the past and $4 million in the future, loss of household services of $16,615 in the past and $396,330 in the future, physical impairment of $500,000 in the past and $2 million in the future, pain and suffering of $500,000 in the past and $1 million in the future, and disfigurement of $100,000 in the past and $200,000 in the future. He sought a total of $10,638,658.
Ms. Peterson claimed past medical bills of $1,084,975, future medical bills of $5,944,455, past lost wages of $42,547, and future lost wages of $427,535. She also claimed physical impairment of $3 million in the past and $7 million in the future, pain and suffering of $2 million in the past and $3 million in the future, and disfigurement of $500,000 in the past and $1 million in the future. She sought a total of $23,999,512.
The Petersons’ attorney said that the defendants did not dispute the medical bills, Ms. Peterson’s wage loss, or Mr. Peterson’s loss of household services, but he also reported that the defense argued that all damages combined should be $1 million to $3 million.
The jury returned a plaintiff verdict, finding damages of $5,836.321 for Mr. Peterson and $23,555,057 for Ms. Peterson, for a total of $29,391,378.
The judgment will be against Universal Cable, said the Petersons’ attorneys.
Kent Peterson
$148,735 Personal Injury: Past Medical Cost
$50,000 Personal Injury: Future Medical Cost
$500,000 Personal Injury: Past Loss Of Consortium
$2,000,000 Personal Injury: Future Loss Of Consortium
$125,000 Personal Injury: Past Physical Impairment
$1,500,000 Personal Injury: Future Physical Impairment
$87,641 Personal Injury: Past Lost Earnings Capability
$350,000 Personal Injury: FutureLostEarningsCapability
$150,000 Personal Injury: Past Pain And Suffering
$500,000 Personal Injury: Future Pain And Suffering
$7,000 Personal Injury: Past Disfigurement
$5,000 Personal Injury: Future Disfigurement
$16,615 Personal Injury: past loss of household services
$396,330 Personal Injury: future loss of household services
Tamara Peterson
$1,084,975 Personal Injury: Past Medical Cost
$7,000,000 Personal Injury: Future Medical Cost
$1,000,000 Personal Injury: Past Physical Impairment
$7,000,000 Personal Injury: Future Physical Impairment
$42,547 Personal Injury: Past Lost Earnings Capability
$427,535 Personal Injury: FutureLostEarningsCapability
$2,000,000 Personal Injury: Past Pain And Suffering
$3,500,000 Personal Injury: Future Pain And Suffering
$500,000 Personal Injury: Past Disfigurement
$1,000,000 Personal Injury: Future Disfigurement