$17.45 Million Verdict for Paralyzed Abilene High School Football Player

On the afternoon of May 5, 2015, Jesus Verastegui was behind the wheel of an SUV on North First Street in Abilene, Texas when he collided with a city garbage truck near the Mockingbird Lane intersection. Riding as a passenger was Cory Almanza, a 17-year-old student at Abilene High School who played football. The force of the crash left Almanza in a coma.

Almanza survived, but the injuries were permanent. By the time the case reached trial, his medical picture was clear: he was paralyzed and faced a lifetime of intensive care needs.

Ruby Flores filed suit on her son's behalf against Verastegui and also named the City of Abilene as a defendant. The plaintiffs argued the garbage-truck driver shared responsibility for the crash. The city defended on the ground that its driver had acted prudently, and that question went to the jury.

Attorneys Ryan A. Todd and R. Scott Westlund of KRW Lawyers (Ketterman Rowland and Westlund) tried the case for the plaintiff. On April 2, 2018, the 42nd District Court jury in Taylor County returned a verdict of $17,450,438. The damages were divided into more than $8 million for future medical expenses, roughly $1 million for lost earning capacity, and $8 million for pain and suffering. The jury found the City of Abilene not liable.

Verastegui appealed. The Texas Eleventh Court of Appeals issued its opinion on August 27, 2020, affirming the trial court's judgment in full. A mandate issued November 5, 2020, making the verdict final.