If it stands, officials say it will be the largest civil award
ever paid by a defendant in a civil trial in Cherokee County.
"This is easily the largest personal injury verdict ever in
Cherokee County," said attorney for the plaintiff Jeffrey Clark.
"We made history with this case, and I think Justin (Martin)
deserved it."
After a lengthy afternoon of deliberation, a Cherokee County
jury awarded Justin Martin, his mother Diane and his preschool-age
son $4 million.
The decision was not without drawbacks for the family, however.
According to the jury, Martin shared 50 percent of the fault for
the accident through his own negligence. Because of this, Martin
and his family only stand to recoup half of the amount named in
the decision.
Opening arguments began the morning of March 26.
"Ten feet," said Paul Waldner, attorney for the plaintiff as he
stretched a tape measure across in front of the jury. "Ten feet is
the width of any lane on Highway 69, and a mere 10 feet is the
distance Bennie Boyd (driver of the truck which hit Justin
Martin's overturned car) would have had to move his truck to avoid
hitting Justin Martin."
Stretching for a better view, jury members shifted in their
chairs in apparent fascination with the visual aid as Waldner
continued.
"Three non-professional drivers moved into the left lane to
avoid a collision with Justin's car. Bennie Boyd did not," he
said. "That's all he would have had to do, is move into the
left-hand lane and none of us would have had to be here
today."
Waldner added that he would never say anything detrimental
about Boyd. He noted Boyd made a mistake in a vocation which
allows no room for mistakes.
Bill Hommel, attorney for the defense, said the jury should pay
attention to the instructions given by the judge in his charge to
the jury.
"Jury Instruction No. 1 says do not let bias, prejudice or
sympathy play any part in your deliberations," Hommel said. "We
cannot decide this case based on our feelings of sympathy for Mr.
Martin. This was the result of a very unfortunate accident. We
wouldn't be here if Mr. Martin didn't roll his car."
Hommel emphasized to the jury that the brunt of the
responsibility lay with Justin Martin for overturning his
automobile in the middle of the highway, noting that there was no
way Boyd could have avoided colliding with the overturned car.
According to DPS records the accident occurred on Sept. 4,
1999, on Highway 69 just outside of Rusk. Martin was on his way to
work shortly after 6 a.m. Driving his mother's Mitsubishi Eclipse,
Martin lost control of the vehicle.
He swerved and the car rolled, ending up overturned in the way
of oncoming traffic, just beyond a large hill.
Witnesses report a Tex-Pack Inc. (of Irving) 18-wheeler truck,
driven by Boyd came over the hill and rammed into the overturned
sedan, sending it flying.
The truck left the road and eventually crashed into some trees
beyond the roadway.
Before impacting the car, the truck skidded 90 feet.
The car burst into flames. Steve Lankford, who lived across the
street, rushed out with a fire extinguisher and put out the
flames, saving Martin's life.
Martin was air-lifted to East Texas Medical Center - Tyler,
where he remained in critical condition for weeks, with head and
other injuries.
According to friends of the family, Martin has spent many
months since the accident in rehabilitation, including
rehabilitation centers in Central and South Texas as well as some
time in a nursing home where he received 24-hour nursing care.
Martin currently is living at home with his mother in Alto,
where he receives therapy.
Diane Martin is Justin's mother.
"Justin will never be able to work again," she said. "He will
never be able to live on his own again without assistance."
By Robin D. Best
Progress News Writer
Published on
April 4, 2001
Reprinted with permission
