24 Waterway Avenue, Suite 660
The Woodlands, Texas 77380
Phone: (713) 862-7766
Mobile: (713) 822-2143
gerald@geraldebourque.com
morgan@morganbourque.com
"the cornerstone of justice is hard work, experience and persistence. It is not a gift, it must be earned."
Gerald E Bourque successfully tried the Danny Wade Brooks, and Kimberly Dawn Elpingstone v C7C Bakery case

Personal Injury Case & Wrongful Death

Danny Wade Brooks, et al v. C&C Bakery, Inc., et al
In the 240th Judicial District Court of Fort Bend County, Texas

Kimberly Dawn Elpingstone v. C&C Bakery, Inc., et al
In the 268th Judicial District Court of Fort Bend County, Texas

They said it “can’t” be done. The insurance defense lawyers (about 6 in all) for C&C Bakery, Inc. and others were confident that the decedent’s parents would never prove the liability for the driver of the 18-wheeler. After all, Tera Brooks, the deceased (Trial #1) and Kimberly Elphingstone (Trial #2) were passengers in a Mustang automobile that “ran a red light.” However, once I heard Dina Brooks, the mother, tell me what she missed most in her daughter, I knew that C&C Bakery, Inc. had to pay for the death of Tera Brooks. Against all odds, the case proceeded to trial, verdict, judgment and collection.

C&C Bakery Truck after accident with a Ford MustangEssentially, Tera and Kimberly were passengers in an automobile that entered the intersection against the light. C&C Bakery, Inc. entered the intersection at an excessive speed. A violent collision occurred ejecting Tera and Kimberly through the rear window of the hatchback Mustang. Bystanders pulled Kimberly from the roadway. Tera, not yet removed, was hit by a third automobile which fled the scene. Tera died from the impact of the third vehicle.

In a dramatic turn of events, C&C Bakery, Inc. and the insurance defense lawyers did not call its expert witness at either trial. The jury heard from Thomas Grubbs, an accident reconstruction expert for Brooks/Elphingstone, that placed liability on C&C Bakery, Inc. for excessive speed.

Gerald Bourque tried a case for two girls who ran a red light and were hit by a speeding truck. In a show of desperation before trial #2, the defense lawyers and insurance company authorized the covert and intrusive videotaping of Kimberly Elphingstone’s daily activities. The Friday before trial the defense pompously offered to pay a mere pittance after showing the videotape to me. True to my convictions, I proceeded to trial a second time, believing in the fairness of Texas jurors. The judgment in trial #2, just like the judgment in the first trial, was 10 times the defense offer.
As the book closed on this incident, I remembered a phrase spoken so very often by my father. He would respond with these words of encouragement when he felt it served a valid purpose. He was resolute. Nike says “just do it.” My father says: “can’t never did nothing for nobody.” The point is inescapable.

Joshua Maxey, Judge Dagget and Pok Sim Bubin are other examples of that same hard driving determination to see that justice is served.

 

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