August 2025 District & County Court Jury Trial Verdicts

The following are Travis County and district court jury trial verdicts for the month of August 2025. Corrections may be submitted to billy@austinbar.org.

CIVIL

CAUSE NO.: D-1-GN-19-007803

JUAN DELAPENA, Ind. And As Next Friend of CD, a Minor and KORINA DELAPENA, Ind. And on behalf of the Estate of CD, a Minor Deceased v. HIGHPOINT COMMUNITY MINISTRIES d/b/a HIGH HOPES SUMMER CAMP and GLASHEEN, VALLES & INDERMAN LLP

JUDGE: MARIA CANTU HEXSEL

DATES: August 4 – 7, 2025

ATTORNEYS:

Plaintiffs: Brian Buster, Hajjar\Peters, LLP [Austin]

Intervenors: Kevin Glasheen, Glasheen, Valles & Inderman, LLP [Austin] and Lance Christopher Kassab and David Eric Kassab of the Kassab Law Firm [Houston]

Summary: The breach of contract portion of the case was presented to the jury. The law firm Glasheen, Valles & Inderman, LLP, [‘Glasheen’] presented the underlying facts in their motion for judgment: The plaintiffs retained Glasheen to represent them due to the death of their daughter allegedly caused by the negligence of Highpoint Community Ministries d/b/a High Hopes Summer Camp [‘HHSC’]. Glasheen filed a lawsuit on behalf of the Delapenas and the defendant agreed to a settlement of $2 million. The plaintiffs would not agree to the settlement and requested additional terms, such as suing the City of Cedar Park and having HHSC pay for the attorneys’ fees, in addition to the $2 million. Glasheen did not comply with these requests. The Plaintiffs then retained Hajjar Peters, LLP. Hajjar Peters settled the case for the $2 million with no additional terms, but Glasheen did not receive their alleged portion of the contingency contract. Glasheen intervened in the wrongful death case filed by the plaintiffs, and the plaintiffs filed a counterclaim against Glasheen for breach of fiduciary duty and professional negligence. The plaintiffs’ counterclaims were dismissed by the Court as a directed verdict during the trial. A unanimous jury panel found that Juan and Korina Delapena failed to comply with the written contingency contract with Glasheen. The jury further found that Juan and Korina Delapena did not have good cause to terminate or discharge Glasheen. The jury awarded $801,032.18 to fairly and reasonably compensate Glasheen for damages for failure to comply. The jury further awarded the reasonable necessary attorney fees for the breach of contract claim: trial court representation – $122,605; court of appeals representation – $35,000; petition for review with the Supreme Court of Texas – $15,000; merits briefing – $20,000; oral arguments and completion of proceedings with the Supreme Court of Texas – $10,000.

CAUSE NO.: D-1-GN-23-005386

LUANA RIBERIO-WASHINGTON v. RIVERPLACE OBGYN PA, DANA WICKER, NP and JOHN THOPPIL, MD

JUDGE: LAURIE EISERLOH

DATES: August 4-7, 2025

ATTORNEYS:

Plaintiffs: Rhianon Kelso, Kelso Law, PLLC [Dallas]

Defendants: Stephen A. Mitchell, Steed Dunnill Reynolds Bailey Stephenson LLP [Austin]

Summary: The plaintiff claims that she went in for a well-woman exam to have an IUD inserted by the defendants, which occurred without proper testing to determine that she was pregnant. The lawsuit further claimed that the plaintiff miscarried due to the insertion of the IUD. Ten jurors found the defendants’, Wicker and Thoppil, negligence caused the plaintiff’s miscarriage, Wicker 35 percent and Thoppil 65 percent. The jury awarded damages as follows: Past physical pain – $75,000; past mental anguish – $75,000; past physical impairment – $5,000; past necessary reasonable medical care expenses – $33,232.10.

CAUSE NO.: D-1-GN-23-007618

ANGELA LEVY v. ANGEL DONUTS & TREATS, LLC

JUDGE: CATHERINE MAUZY

DATES: August 5- 7, 2025

ATTORNEYS:

Plaintiff: Israel Medina/Justin Hancock, Melendez Law Firm, PLLC [Austin]

Defendant: Adam Wyma, Law Offices of Fanaff, Gonzales, Baldwin & Cunningham [Austin]

Summary: Plaintiff claimed that on or around August 2023, she ran into a metal table and severely cut her leg at the defendant’s premises. Ten of the jurors found that neither party was negligent. Note: At the time of the trial, Plaintiff had been diagnosed with dementia and did testify, but did not attend some of the trial.

CAUSE NO.: D-1-GN-23-00034

DAVID VALDEZ v. SARAH ALEXANDER

JUDGE : SHERINE THOMAS

DATES: August 5-8, 2025

ATTORNEYS:

Plaintiff: Charles Dunn, DC Law, PLLC [Austin]

Defendants: Catherine Kein, Mark Lapidus, Lapidus Knudson, PC [Austin]

Summary: The plaintiff claimed that the defendant rear-ended him on Highway 71 on or about August 2021. Ten of the jurors found that neither party was negligent.

CAUSE NO.: D-1-GN-23-009090

LEE LEWIS v. ALEJANDRO BUENO

JUDGE: SHERINE THOMAS

DATES: August 18-21, 2025

ATTORNEYS:

Plaintiff: Jerry Lee, III, Thomas J. Henry Law [San Antonio]

Defendant: James e. Ajay, Witt, McGregor and Bourland, PLLC [Waco]

Summary: On or around March 19, 2022, Plaintiff claims that, as a passenger, he was injured by the defendant’s negligence. The Defendant was found negligent and 11 jurors awarded: Past medical care expenses – $16,959; future medical care expenses – $0; past physical pain and mental anguish – $2,000; future physical pain and mental anguish – $0; past physical impairment – $1,000; future physical impairment – $0. In addition, the jury found no gross negligence.

CAUSE NO.: D-1-GN-23-006930

TIFANNY NICOLE COOK v. TEXAS TOW BOYS, LLC and JOHN DANIEL VASQUEZ

JUDGE: MAYA GUERRA GAMBLE

DATES: August 18-21, 2025

ATTORNEYS:

Plaintiff: Ernesto Sigmon, Thomas J. Henry Law [San Antonio]

Defendants: Scott Talbot, Hanna & Plautt, LLP [Austin]

Summary: On or around July 8, Plaintiff claims that she was pushed into a third vehicle when she was rear-ended by the defendant, Vasquez, who was driving in the course and scope of employment with Defendant Texas Tow Boys, LLC. The defendant, John Daniel Vasquez, was found negligent and 11 jurors awarded: past physical pain and mental anguish – $50,000; future physical pain and mental anguish – $0; past medical care expenses – $43,598.94; past physical impairment – $10,000; future physical impairment – $0.

CAUSE NO.: D-1-GN-23-003213

LOVELY JOHNSON and WENDELL MACKEY v. JEANNE NAMOSOMA and JEAN KIRAHURA

JUDGE: DANIELLA DESETA LYTTLE

DATES: August 18–22, 2025

ATTORNEYS:

Plaintiffs: Martin B. Martinez, Thomas J. Henry Law [San Antonio]

Defendants: Chanel Glasper, Skelton & Woody, PLLC [Austin]

Summary: The lawsuit claimed that Plaintiff Johnson was driving in Comal County, Texas, and Plaintiff, Mackey, was a passenger when they had a tire blow out. As they were waiting for a tow truck, the plaintiffs claim that the defendant negligently failed to keep a proper lookout and hit the right side of the plaintiffs’ vehicle. Eleven jurors found that Defendant Namosoma 25 percent and Plaintiff Johnson 75 percent negligent.

CAUSE NO.: D-1-GN-22-003413; RYAN WILLIS V RAINIER MANAGEMENT LTD AND BAUSTIN OAK PARK LTD.

JUDGE: JAN SOIFER

DATES: August 19–28, 2025

ATTORNEYS:

Plaintiff: Sally Metcalfe, Joe Caputo and Matt Breland [Austin]

Defendants: Ben Broocks and William Broocks [Broocks Law Firm, Austin]

Summary: Plaintiff sued apartment management company Rainier Management Ltd. and landowner Baustin Oak Park Ltd. because a tree fell on him as he was walking on a pedestrian pathway. Plaintiff stated his back was broken in four places, requiring emergency surgery and insertion of two rods and 12 screws. Defendants claimed that the plaintiff was a trespasser, and the tree fell because of the weather (act of God). Eleven jurors found that the plaintiff was an invitee and found Ranier 85 percent and Baustin 15 percent responsible. The jury awarded damages: past Physical pain – $275,000; future physical pain – $1,650,000; past mental anguish – $47,520; future mental anguish – $0; past reasonable necessary medical expenses – $165,000; future reasonable necessary medical expenses – $393,121; past disfigurement – $38,000; future disfigurement – $0; past physical impairment – $337,260; future physical impairment – $2.4 million; no gross negligence was awarded.

CRIMINAL

CAUSE NO.: D-1-DC-25-904057; STATE OF TEXAS v. ANTONIO LOPEZ ELIZALDE

JUDGE: SELENA ALVARENGA

DATES: August 4-August 7, 2025

ATTORNEYS:

State of Texas: Jacob Salinas/Jordan Ninh

Defendant: Raymond Espersen

Summary: The defendant was accused of continuous sexual abuse of a child under 14. The jury found the defendant guilty and sentenced him to 50 years in prison.

CAUSE NO.: D-1-DC-22-100036; STATE OF TEXAS v. TIMOTHY EMBODY

JUDGE: DAYNA BLAZEY

DATES: August 25-28, 2025

ATTORNEYS

State of Texas: Jacques Roussel

Defendant: Lindsey Richards, Cofer & Connelly, PLLC [Austin]

Summary: The defendant was indicted for sexual assault, which occurred on or about July 2021. A mistrial was declared after an Allen charge was issued to the jury. The State has filed, and the Court granted an amended indictment.