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Jury finds TLU partially responsible
Published August 29, 2008
MCQUEENEY — A Guadalupe County jury Friday decided Texas Lutheran University was negligent in a cross country runner's 2004 death, but said it shared in only a fraction of the responsibility.
The verdict, which came at 2:30 p.m. Friday in the wrongful death lawsuit filed by the parents of Elisa Suarez, awarded the plaintiffs $386,800.
While attorneys on both sides claimed victory in the outcome, Suarez's father, Arturo Suarez, made clear he believed the university more culpable than the jury had.
In their verdict, jurors set TLU's blame at 5 percent while placing 90 percent of the responsibility on the man who ran Suarez down on Oct. 24, 2004, local resident Ernest Bibbs.
Suarez herself, who was running with the traffic flow at the time of the accident, shared equal blame in the verdict with TLU.
Bibbs, 89, was indicted for failing to stop and render aid at the scene of the accident, which occurred on West Kingsbury Street just west of Texas 46 while Suarez, who competed on TLU's cross country team, practiced for a meet with a teammate.
"It was never about money," said the elder Suarez moments after the jury of five women and seven men was polled by visiting Judge Joe Hart, presiding in the 25th Judicial District. "It was about responsibility, which the university has never acknowledged."
The purpose, Suarez said, was to force TLU to place a greater emphasis on safety.
"They had opportunities to prevent this accident," Suarez said. "Dr. (Jon) Moline (former TLU president) had three days to prevent this accident. The good thing about it is they held the university responsible."
Suarez was referring to a warning call Moline got three days before the accident from Sheriff Arnold Zwicke, saying he'd received a complaint about runners along U.S. 90A in the early morning hours. Suarez's accident occurred in late afternoon when Bibbs drove off Kingsbury Street onto grass, striking her.
Texas Lutheran University Senior Vice President for University Relations, Stephen Anderson, said the school was glad the jury had placed the bulk of responsibility with the man who struck Suarez.
The university had built its defense around Bibbs' responsibility and around its former coach, Kandice Holamon Erwin, not having required Suarez to run where she had been hit.
But he also expressed sadness and sympathy to the Suarez family and to their daughter's friends.
"The important thing to remember here is the Suarez family suffered a loss that will be with them for the rest of their lives," Anderson said. "Our hearts and our prayers go out to them and to Elisa's many friends here at TLU."
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