East Texas motor vehicle collisions can happen in a seemingly endless array of circumstances. The most common scenario is when one car strikes another, but accidents can also arise between cars and trucks, trucks and motorcycles, trains and buses, and so on. As one can imagine, the appellate courts have reviewed many different types of accidents over the years. What exactly does it take for the court of appeals to deem a particular accident “novel?”
Facts of the Case
In a recent case (No. 02-17-00013-CV; Court of Appeals Second District of Texas) decided by the appellate court, the plaintiff was the owner of a helicopter-transport service that provided medical transportation services between hospitals. The defendant was the Texas Juvenile Justice Department. According to the plaintiff’s formal complaint against the defendant, the defendant’s employee parked a 15-passenger van in a hospital parking lot adjacent to a ground level helipad on which the plaintiff’s flight crew was securing a patient and preparing for takeoff. As the employee was walking away, the van began to roll, crashing into the helicopter and causing $74,000 in damage. Although the van was in “park,” a post-accident inspection revealed that the shifter bushings and level were so badly worn that the vehicle would not fully go into the proper lock position.