On Sept. 22, 2006, plaintiff Marcus Button, 16, a student, was a front-seat passenger in his friend’s sedan that was heading east on State Road 54. At the intersection at Meadow Pointe Boulevard where there was no traffic signal, a Pasco County School bus made a left turn and struck the sedan. Marcus sustained a brain injury. Investigators found that the bus driver was at fault.
Individually and as Marcus’ parents, Mark and Robin Button sued Pasco County School Board for the bus driver’s negligence.
Plaintiff’s counsel stated that the bus driver violated state law in not yielding the right of way. Investigators determined that the bus driver was at fault. Plaintiff’s counsel also pointed to the bus driver’s deposition testimony in which he stated that he never saw the plaintiff’s vehicle.
Defense counsel presented an accident reconstructionist who stated that the driver of Button’s vehicle had ample time to observe and avoid the bus.
Marcus sustained a brain injury to his right temporal lobe, which governs decision making and many social behaviors. As a result, Button often makes inappropriate sexual comments. He also has difficulty making judgments such as when it is appropriate to cross the street.
Button’s mother stated that she has had to quit her job in construction to watch and care for her son. She noted that he’s unable of cleaning his own room. He also trouble concentrating, staying on task and controlling his anger. Button also sustained damage to his right eye, including third nerve palsy. He has difficulty with depth perception. He also cannot see up or down, instead he must move his head like an owl to see. His injuries are permanent, contended plaintiff’s counsel.
Button claimed about $492,000 in past medical expenses. Plaintiff’s counsel presented a life care plan of between $6 million and $10 million. Button also lost out on about $500,000 worth of wages, according to plaintiff’s counsel. Prior to the injury, Button had worked on drywall construction projects with his parents who are professional construction workers.
Defense counsel contended that Button had at least some cognitive problems prior to the accident, noting that he experienced poor school grades, had behavior problems and possibly used drugs and alcohol.
Defense counsel also contended that Button’s injuries were exacerbated by his failure to use a seat belt. An emergency responder noted that he did not find Button wearing a seat belt, nor could anyone involved in the accident remember if Button fastened his seat belt.
Plaintiff’s counsel countered that Button was found in his seat after the accident. It is likely he would have been thrown about the car had he not been wearing a seat belt.
The jury found the county 65 percent negligent, Marcus 15 percent negligent and the driver of Marcus’ vehicle 20 percent negligent. It awarded $2,579,791.13 that was reduced to $1,676,864.23
Future Medical Cost: $564,295
Future Lost Earnings Capability: $467,138
Past Pain And Suffering: $325,000
Future Pain And Suffering: $758,333
Personal Injury: lost earnings up to 18th birthday: $9,800
Robin and Mark Button
$350,000 Personal Injury: Loss of Consortium until Marcus Button’s 18th Birthday
$105,226 Personal Injury: Medical Expenses for the care of Marcus Button
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, dangerous and defective drugs, bad product, toxic injury etc then please contact the Fort Worth Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.