James Francis Frakes, el al vs. Jessica Lynn Renfro

Case Background

On August 3, 2022, Plaintiff Brianna Frakes and others filed a Car Accident lawsuit in the Texas State, Galveston County, 56th District Court (Case number: 22-CV-1453). Judge Lonnie Cox presided over the case.

Cause

On September 5, 2021, James Francis Frakes drove southbound on Interstate Highway 45 in Galveston County, Texas. His wife, Jennifer Frakes, and granddaughter, Brianna Frakes, were passengers. As they approached the 3300 block, heavy traffic forced James Frakes to stop completely. Jessica Lynn Renfro, traveling in the same direction behind them, failed to stop in time and collided with their vehicle. The police report, filed after the incident, stated that Renfro was solely responsible for the collision. The report cited several factors contributing to the accident, including Renfro’s failure to pay attention, her inability to control her vehicle’s speed, and her failure to maintain a safe following distance. These factors led to the rear-end collision with the stationary Frakes' vehicle.

Injuries

As a result of the collision caused by Renfro, James Frakes, Jennifer Frakes, and Brianna Frakes suffered serious injuries. The petition did not specify the nature and extent of their injuries but highlighted their severity. The injuries had a significant impact on their physical well-being, emotional state, and ability to perform daily activities.

Damages

The Frakes family sought compensation for the damages incurred from the accident. Their claim included past and future medical expenses, covering both immediate care and anticipated ongoing treatment. They also sought compensation for past and future physical pain and suffering, acknowledging the discomfort and distress caused by their injuries. The claim included mental anguish, reflecting the emotional and psychological impact of the accident. The plaintiffs also sought compensation for past and future physical impairment, indicating their injuries affected or would continue to affect their ability to perform daily activities. Additionally, they requested compensation for past and future physical disfigurement, suggesting the accident caused visible changes to their appearance. To address the full extent of these damages, the Frakes family requested monetary relief exceeding $1,000,000. This substantial amount reflected the serious nature of the accident and its significant impact on multiple family members.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Brianna Frakes | James Francis Frakes | Jennifer Frakes
  • Counsel for Plaintiff: Randall O. Sorrels| Alexandra Farias-Sorrels | Ruth I. Rivera

 

• Defendant(s):Jessica Lynn Renfro
  • Counsel for Defendants: Sean Anderson | David H. Bradley

Claims

The plaintiffs filed several legal claims against Jessica Lynn Renfro in a Car Accident Lawsuit. The primary claim was for negligence, alleging that Renfro breached her duty of care as a driver. They specifically claimed that Renfro failed to maintain a proper lookout for traffic conditions, did not control her vehicle’s speed appropriately, failed to brake in a timely manner, did not attempt to steer to avoid the collision, and did not maintain a safe following distance from the Frakes' vehicle. In addition to general negligence, the plaintiffs raised claims of negligence per se, based on Renfro’s alleged violations of specific Texas Transportation Code sections. They cited Section 545.062, which requires drivers to maintain a safe following distance; Section 545.351(b), which mandates controlling speed to avoid collisions; and Section 545.401, which prohibits reckless driving. The plaintiffs argued that these statutes aimed to protect drivers, passengers, and pedestrians from negligent and reckless drivers and that the Frakes family was within the class of persons these laws intended to protect. They asserted that Renfro’s violations of these statutes directly led to their injuries and damages. Furthermore, the Frakes family sought exemplary damages, alleging that Renfro’s actions constituted gross negligence and willful misconduct. They based this claim on Sections 41.003(a)(2) and 41.003(a)(3) of the Texas Civil Practices and Remedies Code, which allow for exemplary damages in cases of gross negligence or malice.

Defense

Jessica Lynn Renfro presented several defenses. She denied all material allegations in the plaintiffs' original petition and demanded strict proof as required by Texas law. Renfro asserted that the accident was unavoidable, a legal concept that could potentially absolve her of liability. She also claimed that the negligence of third parties, over whom she had no control, was the sole proximate cause of the plaintiffs' injuries and damages. This defense attempted to shift blame away from Renfro and onto other unspecified individuals or entities. Additionally, Renfro invoked the sudden emergency doctrine, stating that she faced an unexpected emergency not caused by her own negligence. She argued that she acted as a person of ordinary prudence would have under similar circumstances, potentially justifying her actions leading to the collision. Renfro demanded a jury trial and stated her intention to submit jury questions regarding comparative negligence or proportionate responsibility of the parties involved. She also claimed entitlement to credit or offset for any payments already made to or on behalf of the plaintiffs. In her final defense, Renfro reiterated that the accident was caused by the acts or omissions of other persons not connected to or controlled by her, asserting that these actions were the proximate or sole proximate cause of the accident. This defense aimed to further distance Renfro from liability for the collision and resulting injuries to the Frakes family.

Jury Verdict

On March 21, 2024, the jury reached a verdict in a Car Accident Lawsuit and awarded actual damages to each Plaintiff as follow:

• James Francis Frakes received $3,000
• Jennifer Frakes received $5,000
• Brianna Frakes received $500.

Court Documents: Available Upon Request