A man who was driving a construction company truck when he fatally struck a woman in the road has been cleared of liability by a Harris County jury that had been asked to award $46 million in damages to the woman’s family.
In the lawsuit brought by the family of Angelica Guevara, who ran into the roadway to pick up tools that had fallen off a tow truck before being struck by Baldomero Monesdeoca, the jury deliberated for three hours following an eight-day trial that was spread over two weeks. It returned its verdict March 5. Only 10 of the 12 jurors agreed. Judge Dawn Rogers presided over the case.
“He can finally move on with his life. Which is a blessing,” said Serpe Andrews partner Adam Taylor, who represented Monesdeoca.
The jurors saw video evidence of Guevara running into the road several times to pick up equipment that fell off a tow truck.
The fourth time she ran into the road was when Monesdeoca struck her while driving his work vehicle to the gym on his day off .
The civil suit was brought by Guevara’s estate in 2022 against Monesdeoca and his employer, Webber.
They argued that Monesdeoca was negligent and could have swerved to avoid the crash and was distracted while driving.
Taylor argued that the video of the incident showed Monesdeoca only had one second to react before hitting Guevara.
Taylor added that they were able to speak to members of the jury after trial to get their perspective.
“They were upset that she just constantly tested fate,” Taylor said.
Guevara’s family members testified at trial, and while it was emotional, Taylor said the jury looked to the law that pedestrians must yield to vehicles when not at a crosswalk.
Andrew Piekalkiewicz represented Guevara’s estate. He did not immediately respond to a request for comment.
John Serpe, Christopher Knudsen and Leonard Lynce Jr. of Serpe Andrews along with appellate counsel Jessica Barger and Brian Cathey of Wright, Close, Barger & Guzman represented Webber and Monesdeoca.
The case number is 2022-38444.