One misty night in Katy, Texas on Kingsland Blvd., Mr. Blevins was traveling to pick up his teenage son to pick up his son to go see a movie. As he was driving down Kingsland, he came upon a slow moving vehicle in the left lane which appeared to be lost, distracted, or slowing down to make a turn. As he looked over his shoulder to make sure he was clear to move over, he suddenly struck a large 26,000 pound Skytrak vehicle moving less than 15 mph on the road. There was no notice by way of lighting or “construction work” signs. Because it was partial frontal impact on the front of his vehicle, the cabin of the suburban was breached on the driver’s side of his vehicle and the vehicle spun around the Skytrak. The Skytrak did not move from the impact. Mr. Blevins suffered severe fractures to his legs which required multiple surgeries, including internal fixation, debridement, and vacuum pumps due to recurring staph infections. Although the doctors advised amputation was necessary, Mr. Blevins kept on fighting and had a bone graft procedure which prevented the requirement of amputation of his left knee down.
At trial, the Defendants Winco Masonry and their operator Alejandro Sanchez refused to admit any responsibility for negligently using the Skytrak off the job site on a dark rainy road without any warnings to the public such as signs, flashers, or escorts. The general contractor, Pepper Lawson Construction, also refused to accept any responsibility for allowing their subcontractors from running amuck on the public roads at night in the rain.
The jury did not buy their unremorseful, unapologetic, and conflicted arguments proffered by their go-to attorney Michael Winchester and returned a verdict in Mr. Blevin’s favor. However, the verdict was not enough as the jury was persuaded to reduce their verdict due to improper closing arguments which were prohibited by the Court in pre-trial arguments. In short, Mr. Winchester argued that Mr. Blevins was intoxicated and speeding before he rear ended their vehicle. Now, the verdict is being appealed so that Mr. Blevins may receive the full justice he is entitled to receive under the letter of the law.