Plaintiff Roman Wagner claimed he was struck by a car while in a crosswalk. He sustained a fractured leg that required surgery. The jury found both parties negligent, with the defendant 51% at fault and awarded the plaintiff $170,225.22, which was reduced to $86,814.86 due to the plaintiff's comparative negligence of 49%. The jury believed the plaintiff should not have crossed in front of the defendant's car when it was blocking the crosswalk.

1. Plaintiff claimed he was in crosswalk when struck by car
Amount:
$170,225.22
Type:
Verdict-Plaintiff
State:
Texas
Venue:
Travis County
Court:
Travis County Court at Law No. 2
Injury Type(s):
leg-fracture(fracture, femur); leg(fracture, femur)
other-pins/rods/screws
other-hardware implanted
surgeries/treatment-open reduction
surgeries/treatment-internal fixation
Case Type:
Motor Vehicle - Bicycle, Crosswalk, Pedestrian, Intersection
Case Name:
Roman Wagner v. Jennette Cross, No. C-1-CV-13-002263
Date:
May 6, 2014
Parties
Plaintiff(s):
Roman Wagner (Male, 60 Years)
Plaintiff
Attorney(s):
P. ; Law Offices of P. ; Austin, TX, for Roman WagnerScott Ogle Scott Ogle

2. William Fred Coats; Law Offices of P. ; Austin, TX, for RomanScott Ogle
Wagner
Defendant(s):
Jennette Cross
Defense
Attorney(s):
Tushar Y. Pandya; Curney, Farmer, House & Osuna; San Antonio, TX, for
Jennette Cross
P. Weston May; Curney, Farmer, House & Osuna; San Antonio, TX, for Jennette
Cross
Insurer(s):
State Farm
Facts:
Plaintiff Roman Wagner, 60, a homeless man, claimed that, at 7:30 a.m. on Oct. 18, 2012, he was walking his
bicycle in a crosswalk in Austin. He said the walk signal was illuminated. Jennette Cross was in a compact
sport-utility vehicle partially blocking the crosswalk, waiting for traffic to clear so that she could make a right
turn on red, he claimed. When he started to cross in front of her, she began her turn and hit him. Police
interviewed Wagner and Cross and determined that Cross was at fault. He fractured his leg
Wagner sued Cross for failure to yield the right of way.
Cross contended that Wagner was riding, not walking, and that he was riding down the same street she was
on, going the same direction she was. She said he tried to pass her on the right and that he ran the red light.
She said the impact was just a "bump."
Each side argued that the other was solely at fault or, in the alternative, at least 50 percent at fault.
Injury:
Wagner sustained a fractured left femur. He underwent open reduction and internal fixation, with
implantation of a titanium rod, and was hospitalized for nine days. He underwent no other treatment.
At trial, he testified that he was still in pain daily, but that he was treating with over-the-counter analgesics
only. He said he had a significant limp and walked with a cane and that going up and down stairs and ladders
was very difficult.
The paid or incurred medical bills were $55,475.22. Wagner also claimed past physical pain and past and
future physical impairment. His attorneys said the total amount they sought was $225,000.

3. Result:
The jury found both parties negligent, with comparative responsibility of 51 percent on Cross and 49 percent
on Wagner, and awarded Wagner $170,225.22.
After reduction for comparative fault, Wagner's recovery was $86,814.86.
Plaintiff's counsel spoke to jurors afterward. According to plaintiff's counsel, the jury set the noneconomic
damages at $225,000 and then reduced them by 49%. Also, he said, jurors felt Wagner was negligent not
because they believed Cross' version of the accident but, rather, because they thought he should not have
crossed in front of Cross when she was blocking the crosswalk and looking to her left, away from him.
Roman Wagner
$55,475 Personal Injury: Past Medical Cost
$19,125 Personal Injury: Past Physical Impairment
$76,500 Personal Injury: Future Physical Impairment
$19,125 Personal Injury: past physical pain
Actual Award:
$86814.86
Trial Information:
Judge:
David Phillips
Demand:
$30,000
Offer:
$7,000
Trial Length:
2 days
Trial Deliberations:
2 hours

4. Jury Vote:
6-0
Jury Composition:
6 male
Post Trial:
Defendant's motion for JNOV was denied. She has filed notice of appeal.
Editor's Comment:
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond
to the reporter's phone calls.