Houston Jury Awards $500,000 to Former City Commissioner John Branch for Golf Cart Injury

A jury in Houston has awarded former city commissioner John Branch $500,000 for pain and suffering associated with a golf cart accident that took place during a parade seven years ago. However, due to Texas law caps, Branch will only be able to collect $250,000 from the City of Houston.

Details of the Incident

The incident occurred during the Booker T. Washington High School Anniversary Parade in October 2018. Branch contended that the golf cart, allegedly driven by former Houston City Council Member Michael Kubosh, collided with his leg, aggravating a pre-existing disability as he was already fitted with a prosthetic leg.

Jury Findings

Initially, Branch aimed to obtain $200,000 to cover medical bills. However, after carefully reviewing evidence and listening to testimonies, the jury awarded him $500,000. The jury recognized that the crash caused Branch significant pain and suffering and led to further medical complications, necessitating a major surgical procedure to replace his prosthetic limb.

Emotional Impact

Branch revealed that the golf cart incident had far-reaching effects on his personal life, specifically impacting his ability to volunteer for the community response team he directed. Reports indicate that Branch felt ridiculed by Kubosh, who, after the accident, is alleged to have mocked him by holding up a screw from his leg and making a comment about it.

Legal Proceedings

The road to justice for Branch was paved with challenges, as the legal battle against the City of Houston lasted seven years. This duration was in part due to the city contesting the foundation of Branch’s lawsuit. Under the Texas Tort Claims Act, the compensation for claims against the city is limited to $250,000, which resulted in the reduction of the amount Branch will ultimately receive.

Case Developments

Branch’s legal counsel indicated that the city’s defense was rooted in the argument that Kubosh was not acting in his official capacity at the time of the incident. However, the Texas Supreme Court eventually ruled in favor of Branch, allowing the case to continue to trial.

Future Plans

Although Branch will face out-of-pocket expenses related to his medical care, he intends to donate any remaining funds from the award to support the Community Emergency Response Team, reflecting his dedication to community service.

Response from Kubosh

Kubosh has declined to comment extensively on the matter but has stated that he encouraged Branch to seek medical assistance at the parade, which was reportedly declined by Branch. There were also allegations made by Branch that Kubosh used a racial slur during the incident, but those claims were not a part of this current lawsuit and would require a separate legal process.