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.
Essentially,
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.
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.
