TX Supreme Court Rejects Crash Victim's Case
The Supreme Court of Texas refused for a second time to hear the case of tragic accident victim Michelle Gaines on Friday.
Without any explanation, the high court denied her attorneys' request for reconsideration.
Gaines, of Palestine, suffered a traumatic brain injury at age 19 on June 11, 2006, when an 18-wheeler hauling an oil rig careened through a red light and crashed into her 2000 Buick.
Four years later, a jury awarded Gaines more than $8 million in damages. The truck’s driver, its owner and another businessman involved with the oil rig were held liable. Court documents ...
Comments (7)
John Brejot
Not to diminish a tragic story, but did you really write that the "truck lacked working breaks?"
Texas Bob
Maybe the BRAKES were broke, Someone got a real BREAK but it was not the victim.
Alana Rocha
Thanks for bringing it to our attention. We've made the correction.
Jim Vance
Perhaps an explanation of why there was no insurance coverage for the victim's attorney to pursue would have been helpful in this article, as this was a commercially-licensed driver and rig so that requirement for insurance coverage is mandatory. If there was none, then both the driver, rig owner (if not the driver) and the licensing authority who granted renewal without proof of insurance share liability. If the driver or owner took out short-term insurance at the time their respective license renewals were granted and deliberately dropped it afterward before the accident occurred, then there is criminal negligence and fraud involved, both against the victim and the State (as the licensing authority). As a felony, a conviction on those grounds would likely place both the driver and the rig owner in prison for quite some time.
A raw and unfair deal for the victim and her family, to be sure.
Warner DeFord
This tragedy is heart breaking.. Michelle and her family deserve much better.... She had what was a promising life of accomplishments taken away from herself and those that her that love and supported her by this irresponsible act... Why is it that those responsible aren't being made to pay for what they did that caused this travesty of justice... It is highly unlikely that this would have occurred if it had happened anywhere else but where it did..
RICHARD PRICE
The courts and judges hold themselves far above the laws they force on others. They don't feel the need to answer for anything they do. These people are totally out of control, making up laws as they go. There is no one or no group to hold them accountable for the gross violations to Civil Rights. Thousands of Innocent victims languish away in prisons. Most judges and prosecutors are merely rubber stamps for law enforcement who pile fabricated charges and false arrests on the citizens who are packed into prisons. Most taking years of appeals and legal battles to obtain their release. When it comes a time when these judges dish out decisions without even an explanation it is time for the American people to question them. These judges should be disbarred and pulled out just like rotten teeth..
Chymmie Chapman
fThe Texas Supreme Court rules against injured victims 87% of the time according to UT Law Professor David Anderson. It overturns jury verdicts 74% of the time and rules against consumers 79% of the time according to Texas Watch. Its time to throw the judges out of office. They are beholden to the insurance PACs that finance their campaigns and they are systematically shifting the responsibility for injuries away from the tortfeasors and insurance companies who took premiums to provide coverage to the taxpayers. Guess who is going to pay for this young woman's health care for the rest of her life? We the Taxpayers! Vote against all the Republican incumbents on the Texas Supreme Court