|Houston Attorney Scott Clearman in CBS DFW news story |
Palestine Woman's Last Chance After Tragic Accident
|September 11, 2012 11:59 pm|
PALESTINE (CBSDFW.COM) – Michael and Michelle Gaines are as close as a father and daughter can get. They should be after what they've been through. "She was outgoing and could handle any type of situation," recalled Michael. "She had a good outlook on life. "
That all came crashing to an end on June 11, 2006 when an 18-wheeler hauling a drilling rig ran a red light and slammed into Michelle's car. "My daughter as I knew her died that day. What God gave me back, I love, " said Michael.
The accident left the 19-year-old former homecoming queen and star athlete from Palestine High School with severe and permanent brain damage. The now 26-year-old is unable to take care of herself and has virtually no memory.
The driver of the truck, along with the truck's owner, Benny Joe Adkinson and another businessman, Joseph Pritchett, were all held liable by a jury in 2010. The jury awarded Michelle $8,000,000 after they heard testimony that the truck had faulty brakes and that the driver admitted smoking crack the night before.
But attorney, Scott Clearman says the key was connecting Pritchett to the accident, since the other two men involved had no money. "The evidence was crystal clear that Mr. Pritchett was involved in this from the very beginning, " explained Clearman.
Clearman says he proved in court that Pritchett asked for the drilling rig to be delivered to his business and that he and Adkinson were engaged in a joint enterprise.
The Gaines family has one last hope. They filed one last petition to reconsider the case and the Texas Supreme Court has asked Pritchett and his attorneys to respond.
If the petition is ultimately denied, however, Michael and Michelle Gaines will need their strong bond more than ever to overcome yet another setback.
©2012 CBS Local Media, a division of CBS Radio Inc.
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