Reba Judeh, individually and as next friend for R.J., minor vs. Village Creek Motocross Park, LLC, et al

Case Background

On December 21, 2021, Plaintiff Reba Judeh, individually and as next friend for R.J., minor filed a Premises Liability lawsuit in the Texas State, District Court of Tarrant County (Case number: 096-331041).

Cause

Reba Judeh, acting individually and as the legal representative for her minor child, R.J., filed a lawsuit against Village Creek Motocross Park, LLC, and its owners, Terry and Claudine Cordray. The incident occurred at the motocross park located in Fort Worth, Texas. While riding a motorbike through the park, R.J., a minor, fell into an unmarked ditch approximately fifteen feet deep.

Injuries

This hazardous condition on the premises led to R.J. sustaining severe injuries, including a split lip that required stitches, a broken arm, and two fractured femurs—one of which was a compound fracture. Additionally, R.J. suffered nerve damage to his right leg. These injuries required three surgeries and left him unable to walk for six months. The accident caused lasting physical and emotional harm, drastically affecting R.J.’s quality of life.

Damages

The premises liability lawsuit also demanded damages for R.J.’s physical pain, mental anguish, disfigurement, and long-term physical impairment. Judeh argued that the injury would impact R.J.’s ability to work and achieve financial independence in adulthood, leading her to claim damages for future earning capacity as well. She also sought punitive or exemplary damages to hold the defendants accountable and deter similar conduct in the future. Judeh requested a jury trial to determine the appropriate monetary relief for the damages suffered by both her and her child.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Reba Judeh, individually and as next friend for R.J., minor
    • Counsel for Plaintiff: Edward S. Gaytan | Charles M. Noteboom | Christopher C. Sisk
  • Defendant(s):Village Creek Motocross Park, LLC | Terry Cordray, individually | Claudine Cordray, individually
    • Counsel for Defendants: Jessica N. Alt | E. Grace Bregard | John T. Easter | S. Gary Werley

Claims

The lawsuit alleged that Village Creek Motocross Park, LLC, along with Terry and Claudine Cordray, failed to uphold their duty of care in ensuring the safety of their property. The defendants allowed R.J., a minor, to engage in dangerous activities without obtaining proper parental consent or providing necessary safety precautions. The plaintiff argued that the park failed to adequately warn visitors of potential dangers on the premises, such as the unmarked ditch that caused the accident. Furthermore, the defendants failed to maintain the premises in a reasonably safe condition, which directly contributed to the severity of the incident. The lawsuit accused the defendants of gross negligence, asserting that they knowingly disregarded the significant risks posed to visitors, including R.J., acting with conscious indifference to their safety. This conscious disregard demonstrated a failure to meet basic premises liability standards expected from property owners.

Defense

Village Creek Motocross Park, LLC, and its owners, Terry and Claudine Cordray, denied all allegations made by Reba Judeh regarding R.J.’s injuries. The defendants argued that R.J. was a trespasser at the time of the incident. They stated that they owed him no duty of care. The defendants emphasized that the park was closed at the time. They also noted that paramedics had been dismissed. Additionally, R.J. was riding outside of designated tracks, on unauthorized property. The defense claimed that the ditch where R.J. fell was a natural drainage feature. They argued that it was not an attractive nuisance. Therefore, they believed they were not liable under premises liability law.

The defendants also invoked the plaintiff’s own negligence, arguing that Reba Judeh entrusted R.J. to a third party, Zachary Austin, who they intended to designate as a responsible third party under Texas law. Additionally, they argued that the doctrine of proportionate responsibility should be applied, distributing fault among all parties involved.

Furthermore, the defendants claimed that Terry Cordray was not personally liable. They argued this was due to his status as a member of the LLC. The defendants also stated that Claudine Cordray had no responsibility. They explained that she had merely leased the property to the park. Claudine had no operational duties. The defense contended that these legal principles shielded them from liability under Texas law. They requested the court to dismiss the claims. They also asked the court to rule in their favor. Finally, they sought an award for court costs and any additional relief deemed appropriate.

Jury Verdict

On October 21, 2024, the jury found that Terry Cordray, Claudine Cordray, and Village Creek Motocross Park, LLC, were negligent. The jury determined that their negligence proximately caused the incident. R.J. was not found negligent. Further, they attributed 40% responsibility to Terry Cordray, 20% to Claudine Cordray, and 40% to Village Creek Motocross Park, LLC.

The jury awarded R.J. a total of $900,000 in damages. The breakdown of the award was as follows: $200,000 for past physical pain, $100,000 for future physical pain, $25,000 for past mental anguish, $45,000 for past disfigurement, $150,000 for past physical impairment, $150,000 for future physical impairment, and $230,000 for past medical care expenses. No damages were awarded for future mental anguish or future disfigurement.

Additionally, the court determined that Village Creek Motocross Park, LLC, was essentially an alter ego of Terry Cordray. The court found that Terry Cordray had failed to observe corporate formalities. The court found that he had failed to observe corporate formalities, commingled company and personal property in bank accounts, used company assets for personal purposes, and maintained complete ownership and control of the company. As a result, Terry Cordray was held personally liable for the negligence of Village Creek Motocross Park, LLC. He was responsible for all amounts owed under the judgment.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com