Trial Magazine

Matthew Contreras, 5, was sleeping on a school bus in a seat next to the emergency exit. When the door opened while the bus was moving, Contreras fell out of the bus and suffered a fractured skull. Now 8, he has been diagnosed as having a traumatic brain injury, which has led to cognitive difficulties and places him at greater risk of developing seizures and other disorders.

Contreras’s mother, individually and on his behalf, sued the bus company, alleging it failed to repair a damaged latch on the emergency exit and negligently allowed a 5-year-old to sit next to the exit.

The jury awarded the plaintiff more than $1.89 million.

Citation: Gutierrez v. Argueta, No. 2014-59615 (Tex. Dist. Ct. Harris Cnty. May 10, 2019).

Plaintiff counsel: AAJ member Eric D. Nielsen and Edward Festeryga, both of Houston.

Plaintiff experts: Kit Harrison, neuropsychology; David Axelrad, neuropsychiatry; and Mitchell Young, child psychiatry, all of Houston.

Defense expert: Gary Clark, pediatric neurology, Houston.