Drunk Driver Who Struck a Houston Family Twice and Fled Gets a Gross-Negligence Verdict

On the evening of March 8, 2012, David Malave was driving north on Interstate 45 near the Little York exit in Houston. His wife Anne sat beside him. Their six-year-old son David Jr. and their seven-week-old daughter Emma were in the back seat.

Dawn Barrientes was also on I-45 that night, driving drunk. Traveling at an excessive speed and changing lanes erratically, she tried to pass the Malaves from the left, lost control, and hit the right side of their car. She hit them a second time, causing David Malave to lose control and strike a lane divider head-on. Then Barrientes left the scene. Police caught up with her in Bridgestone; she later pleaded guilty to driving while intoxicated.

All four family members were taken by ambulance to the emergency room. Anne sustained a non-displaced fracture of the distal radius of her dominant right hand, a fractured nose, a temporomandibular-joint injury, and loosened teeth. She required external fixation for the wrist fracture and dental treatment. David underwent about two months of physical therapy for his injuries. Both parents continued to experience pain well after the crash. David Jr., who was six at the time, developed a lasting fear of cars.

Attorney Daragh Carter of Smith and Hassler represented all four plaintiffs, filing claims of negligence and gross negligence against Barrientes. The gross-negligence theory rested on Barrientes driving drunk at high speed, striking the family vehicle twice, and fleeing rather than stopping to render aid.

The jury found Barrientes both negligent and grossly negligent. It awarded the Malave family $41,993.71. No reduction on appeal has been identified in available records.