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Motorcycle Rider Dies in Crash – Racing Cars Careen Out of Control Striking Biker – Case Settled by Houston Motorcycle Laywer
Motorcycle Collision – Wrongful Death
Case: Cause No. 2012-33867; Theresa Novreske, Individually and As Next Friend of David Scott Novreske, a minor vs. Maribel Gutierrez, Jesus Acosta, Roel Lopez, Jaime Lopez, Michael Lopez, Felicia Lopez and Progressive County Mutual Insurance Company; In the 127th Judicial District Court of Harris County, Texas. Honorable Ravi K. Sandill presiding.
Date: September 14, 2011
Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas represented the Novreske family.
Defendants Jesus Acosta and Maribel Gutierrez were represented by Curtis Fitzgerald, Gardner & Fitzgerald, Sugarland, Texas and Ronald Restrepo, Doyle, Restrepo, Harvin & Robbins, Houston, Texas.
Defendants Roel Lopez, Jaime Lopez, Michael Lopez and Felicia Lopez were represented by officials of Farmers County Mutual Insurance Company and Curtis Fitzgerald, Gardner & Fitzgerald, Sugarland, Texas.
FACTS & ALLEGATIONS. Around 8:00 on the morning of September 14, 2011 David Novreske, Sr. was on his way to work. Vehicles driven by Acosta and Lopez were racing northbound on US Highway 59 a highway in Houston that is busy around the clock, but especially at rush hour. Acosta lost control of his vehicle because of his high speed, reckless driving and spun out of the lane he was in and struck another innocent driver. This vehicle was knocked across the highway into the vehicle driven by Lopez, now far up the highway driving at a high and reckless speed, no doubt thinking he had won the race. When Lopez was hit he began to spin uncontrollably across lanes of traffic and right in front of David. Tragically, David had not time to react and was sent airborne for several yards upon impact before striking the concrete highway surface. David was pronounced dead at the scene.
David, Sr. was survived by his minor son, David, Jr, his daughter Heather and his father Robert.
INJURIES. David, Sr. suffered catastrophic injuries to his torso and head. He was unresponsive at the scene, could not be revived by EMS and was pronounced dead upon arrival at the emergency room.
RESULT. Chad Points negotiated a full policy limits settlement for the Novreske family plaintiffs. After thorough investigation and outright denial by the insurance company for Lopez, the defendants offered the full policy limits of their respective insured. Additionally, a third available insurance policy was uncovered that added more funds to the total available settlement proceeds.
An annuity was purchased for the minor, David Jr., with his insurance proceeds that will provide an income stream for years to come.
The full policy limits of all available insurance policies were paid to the Denena & Points clients.
Awarded: The Full policy limits of all available insurance policies were paid to the Denena & Points clients.