(DOWNLOAD) "Betty F. Russell v. Dunn Equipment" by Houston No. C14-84-851-CV The Fourteenth Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Betty F. Russell v. Dunn Equipment
- Author : Houston No. C14-84-851-CV The Fourteenth Court of Appeals
- Release Date : January 01, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
JUNELL, J. Appellant, Betty F. Russell, brought suit against appellees, Dunn Equipment, Inc. and Howard Kent Orlea to recover damages for the personal injuries to and the death of her daughter, Desiree Russell. The fatal accident occurred on August 21, 1981, when an 18-wheel tractor-trailer, owned by Dunn Equipment and driven by its employee, Howard Kent Orlea, ran a red light and collided with Desiree Russell's vehicle. The jury: (1) found Howard Kent Orlea negligent in running the red light, traveling at the speed at which he was traveling, and in keeping a lookout; (2) found Dunn Equipment negligent in allowing operation of the 18-wheeler on the occasion in question and in the maintenance, repair, or upkeep of the brakes on the 18-wheeler; (3) found no damages for the estate of Desiree Russell for her physical pain and suffering and mental anguish; (4) found Betty Russell's damages for her pecuniary loss and loss of companionship was $200,000, and her damages for mental anguish was $200,000; and (5) failed to find Dunn Equipment grossly negligent in the maintenance, repair, or upkeep of the brakes or in allowing operation of the 18-wheeler. On August 17, 1984, appellant filed a Motion for Judgment on the jury's verdict. Joseph D. Jamail had previously filed a Petition in Intervention alleging that he had a contract of employment with Betty F. Russell that entitled him to 40 percent interest in the amount of any judgment rendered. On September 19, 1984 the court signed judgment that Betty Russell recover from Howard Kent Orlea and Dunn Equipment $400,000 and that Joseph D. Jamail had a vested 40 percent interest in the recovery that was assigned to a trust known as ""The Brazoria County Underprivileged, Mentally Disabled and Handicapped Person's Fund.""
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