Gordon Rees Scully Mansukhani Partner Philip Robert Brinson, Partner Kyle M. Smith, and Associate Michael S. Hawke won a complete summary judgment on behalf of a Texas cattle rancher and his son involving a vehicular collision with a cow that had roamed onto a Texas state highway.
The suit arose out of an accident that occurred on November 30, 2021, after the plaintiff, who was 72 years old at the time, was driving his semi-autonomous Mercedes through Burleson County, Texas, striking a Black Angus cow at night. The plaintiff claimed that the cattle rancher had failed to properly maintain his perimeter fence, allowing the cow to roam across a neighboring property before it found its way onto a Texas state highway. The plaintiff claimed the cattle rancher was negligent for failing to secure and remove the cow from the highway, as well as for not properly repairing the perimeter fence. Additionally, the plaintiff argued the rancher was negligent per se under Texas Agricultural Code 143.102, which requires cattle owners to prevent their animals from roaming on Texas state highways. The plaintiff also filed a claim for gross negligence.
The plaintiff claimed injuries as a result of the accident, including a traumatic brain injury and significant dental reconstruction, with past medical expenses of over $390,000 incurred. The plaintiff presented a life care plan for over $1.3 million in future medical expenses.
The court reviewed the 142 pages of exhibits attached to the plaintiff’s response and ultimately adhered to the Texas code and established Texas Supreme Court precedents that have been in place since 1893. Hawke’s meticulous research and ability to identify and brief relevant case law, coupled with Smith’s thorough handling of evidence during discovery, were instrumental in supporting Brinson. Together, they successfully represented the client, ultimately securing a favorable outcome before the Burleson County district judge.
Learn more about GRSM’s Automotive Litigation & Autonomous Vehicles practice.