SUBJECT: Settlement of lawsuit styled:
Boris Trent Williams v. City of Houston; Cause No. 2014-52372; in the 151st Judicial District Court of Harris County, Texas; LD#: 0631400250001
RECOMMENDATION: (Summary)
That Council adopt a Motion approving and authorizing a Release and Settlement Agreement between the City of Houston and Boris Trent Williams
SPECIFIC EXPLANATION:
This request relates to the resolution of a personal injury lawsuit through settlement. On March 5, 2013, Houston PWE, Traffic & Transportation Division employee Tuan Vu, was involved in a vehicular collision with Boris T. Williams. Both vehicles were traveling south on Kleckley, which has two lanes in each direction. Mr. Vu attempted a left-hand turn from the right lane, causing Mr. Williams (who was in the left lane), to collide with Mr. Vu’s truck. Mr. Williams sustained several broken bones in his left hand which required the surgical placement of pins and wires to repair, and almost a year of physical therapy to regain the use of his left hand. At the time of this accident, Mr. Williams was employed as a music minister for two local churches; Mr. Williams played piano and organ at the churches, and also performed at concerts. As a result of this accident, Mr. Williams was unable to play his instruments for almost a year. At the time of mediation, he still had not regained full use of his hand. Mr. Williams also claimed injuries to his right knee and hip. Mr. Williams claims that Tuan Vu was negligent in the operation of his vehicle and that this was the proximate cause of the accident and his resulting damages. Mr. Vu was found at fault in causing the accident by both HPD and the internal PWE investigation. Liability for Houston arises under §101.021 of the Texas Civil Practice & Remedies Code.
As a result of this accident, Mr. Williams brought suit against Houston in Cause No. 2014-52372; Boris Trent Williams v. City of Houston; in the 151st Judicial District Court of Harris County, Texas. From the beginning of the litigation, Mr. Williams’ attorney has demanded the City’s limit under the Texas Tort Claims Act, i.e., $250,000.00. This demand was based on the very persuasive argument that Mr. Williams’ hands were his livelihood, and he was completely unable to play a musical instrument for almost a year after the accident. Following an unsuccessful mediation, the Mediator made a recommendation that the case should be settled for $90,000.00. Mr. Williams accepted that recommendation. Should this matter be decided by a jury, it is altogether conceivable they would award Mr. Williams an amount in excess of that sum.
After a thorough review, the Legal Department recommends that Council approve the Settlement Agreement and issuance of warrants payable as follows:
$928.00 payable to Harris Health System, Tax ID # 74-1536936;
$3,250.00 payable to Memorial Hermann Southeast Hospital, Tax ID # 74-1152597;
$12,750.00 payable to Sullins & Johnston PC for the use & benefit of Victory Medical Center Houston, LP, Tax ID # 45-1845293;
$286.00 payable to Loncar & Associates and AMS Baylor Physicians, Tax ID # 75-2240725;
$72,786.00 payable to Boris T. Williams and his attorney Loncar & Associates,Tax ID # 75- 2240725.