SAN ANGELO, TX – A case has recently been brought to the Tom Green County Courts in which Jennie Hoelle attended the garage sale of an Edwin Elmer at his home. While looking into some furniture scattered about the grass lawn Hoelle stepped into a hole resulting in right ankle fracture and left ankle sprain as well as “mental anguish from the time of the incident which exists to the present time and which will, in all reasonable probability continue indefinitely into the future."
The Hoelle's lawsuit states that Elmer should be held responsible for the incident and therefore all ensuing medical, legal, and court costs, as well as lost wages, for having failed to inspect the premises for dangerous conditions before inviting his guests.
Elmer responded to the suit by denying a “hole” ever existed in the yard and “demands strick proof thereof”. He went on to say that “there was a sidewalk in [my] front yard that Plaintiff could have walked on; however, Plaintiff chose on her own to walk across the yard to the location where she fell. Therefore the Plaintiff assumed the risk associated with walking on the yard”.
Eventually Hoelle moved to dismiss all charges. Did a hole ever exist?
In another lawsuit, Ronald Bailey is suing Jackson Construction and EM Property Management for One Million Dollars in damages resulting from an injury on their property.
The Bailey claims that while living at Wildewood Apartments in San Angelo he noticed that there was a package outside his mother’s apartment, also in the Wildewood complex, assuming she was at work, Bailey proceeded to bring the package to his mothers doorstep. While ascending the stairs to his mother’s residence on the second floor “the stairs collapsed” and the man fell many feet directly onto the stairs beneath, leaving the man shocked and injured.
“Plaintiff's body was bruised, battered and contused, and he suffered great shock to his entire nervous system. The injuries are permanent in nature.” Bailey claims he endures pain with each body movement.
While the defendants generally deny all charges and demands trial by jury Bailey seeks over One Million Dollars in damages. The time of the trial is to be determined.
Shawn Burchett, individually and as father of minor Eli Burchett, sued Brett Carpenter and Tiffany Carpenter after Eli was injured on the Carpenter’s property.
“This incident occurred when the minor Plaintiff was a passenger in an ATV driven by Defendants’ minor son on the Defendants’ property, and the minor Plaintiff was accidentally injured when the ATV hit a stake in the ground, flipping it over.” They were just young boys having fun, but when things go wrong someone still has to pay.
While the defendants state that the Polaris Ranger ATV was driven without their consent, the plaintiffs respond the owners were negligent and their negligence directly resulted in the accident.
The minor incurred significant injury to his left arm and left leg and Mr. Burchett incurred correspondingly significant medical bills.
Both parties waived their right to trial by jury and it was then decided and agreed to in the court that the defendants be responsible to pay a total of $362,750.11 to the plaintiffs.
Jessie Giles and Jacob Giles sued F2 Oilfield Services after colliding with one of the companies trucks driven by Joe Reese Manning Jr.
Mr. and Mrs. Giles were traveling eastbound on Highway 158 with their four children in tow when the F2 Oilfield Chevy Silverado C2500 traveling west suddenly crossed the divide and collided with the Giles family.
Luckily for all those involved there were no casualties as a result of the crash, the Giles children were all contained in appropriate car seats and so incurred relatively minor injuries. Two children received a fractured hip, one a lacerated kidney, and the other significant neck strain, the parents received general medical problems as well.
Because Joe Manning Jr. was acting within the bounds of his employment with F2 Oilfield Services at the time of the incident the company itself is solely liable for damages. A settlement was eventually agreed upon between the Giles family and the company which included $525,000 in damages.