Kelley Kronenberg Client Released Without Payment in High-Exposure Auto Accident Case
Kelley Kronenberg Partner Michael Roos and Attorney Garrett Bruner secured a release for their client without any contribution to the settlement in a Duval County, Texas auto accident case, despite clear liability and severe injuries to the plaintiff.
The case arose from a November 2021 single-vehicle rollover accident. The client was driving a vehicle with the plaintiff as a front-seat passenger. According to the police report, the client failed to maintain a single lane, left the roadway, and struck a telephone pole. The vehicle entered a side skid, rolled multiple times through a barbed wire fence, and came to rest on its passenger side. The damage was extensive: photographs showed the front passenger side caved in, the rear end crumpled, windows gone, and a rear tire completely detached.
The plaintiff sustained severe injuries. Medical records documented trauma to the left eye with vision loss, cervical spine fractures at C5 and C6, a displaced clavicle fracture, a rib fracture, bilateral lung contusions, and multiple facial wounds. He was airlifted to a military medical center and hospitalized for over six weeks. His treatment involved numerous specialists across neurology, orthopedics, ophthalmology, and rehabilitation. The plaintiff’s experts prepared a life care plan projecting substantial future medical needs.
The venue added to the challenge. Duval County is a small South Texas county with a history of plaintiff-friendly verdicts. Opposing counsel was a seasoned trial lawyer with significant verdicts in auto and trucking cases.
With liability essentially undisputed, Michael and Garrett focused the defense entirely on damages. They retained experts to evaluate the plaintiff’s claimed injuries and treatment, including a neurologist, an orthopedic specialist for spine-related issues, and an expert to assess the reasonable value of medical treatment received.
The defense experts reviewed the medical records and identified grounds to dispute the nature and extent of the plaintiff’s injuries. They also challenged the reasonableness and necessity of both past treatment and the projected future care outlined in the plaintiff’s life care plan.
Throughout the course of discovery, Michael leveraged the expert findings to demonstrate weaknesses in the plaintiff’s damages case. Despite the graphic nature of the injuries and the plaintiff-friendly venue, the defense position proved persuasive.
This work helped position the case for settlement between all parties. The co-defendant ultimately settled the case, and Michael and Garrett’s client was included on the release without contributing to the settlement amount. The client, defended under a Reservation of Rights for defense only, walked away without paying anything.
This result underscores the value of focused damages analysis in clear-liability cases. Even when fault isn’t in dispute, building a strong record challenging the scope of injuries and treatment can influence how a case resolves for all parties involved.
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