$60 Million Verdict for San Antonio Man Hurt When Drunk Driver Blew a Red Light at 78 MPH

On a May 2016 afternoon on Southwest Military Drive in San Antonio, Nydia Pena was driving at more than 78 mph in a 40-mph zone while intoxicated and distracted by a child in her vehicle. She blew through a red light and slammed into the car carrying 23-year-old Armando Guerrero III.

The impact left Guerrero with serious facial and abdominal injuries. He required surgery to repair a broken jaw and to address damage to his spleen, along with other injuries sustained in the collision.

Thomas J. Henry represented Guerrero at trial in the 166th District Court before Judge Laura Salinas. The jury heard evidence of Pena's speed, her intoxication, and her decision to disregard the traffic signal. It found her conduct sufficiently egregious to support a substantial punitive award on top of compensatory damages.

The jury returned a $59.8 million verdict, which included $50 million in punitive damages, $7.5 million for physical pain and mental anguish, $1.625 million for physical impairment, $550,000 for disfigurement, and approximately $81,000 in past medical expenses. Judge Salinas subsequently converted the verdict into a formal judgment of $60,086,578.32, adding pre-judgment interest. The court also noted that the judgment could not be discharged in bankruptcy.

Pena appealed. The Texas Fourth Court of Appeals issued its memorandum opinion on December 9, 2020, affirming the trial court judgment in full. The mandate issued February 25, 2021. At the time of the verdict, it was reported to be the largest jury verdict ever awarded in San Antonio.