HOUSTON — A former city commissioner and dedicated volunteer for the Community Emergency Response Team has been awarded $500,000 by a jury following a golf cart incident that occurred during a parade in 2018. The accident, which the plaintiff says has left him with ongoing physical and emotional challenges, will ultimately yield him $250,000.
John Branch, the injured party, reported that the incident took place during the Booker T. Washington High School Anniversary Parade in October of that year. According to court records, Michael Kubosh, a former member of the Houston City Council, was positioned just two feet away from Branch in a golf cart when he allegedly crashed into Branch’s leg after stepping out.
Initially, Branch sought $200,000 to cover his medical expenses. However, after evaluating the evidence and listening to testimony during the trial, the jury unanimously decided to award him $500,000 in damages for pain, suffering, and mental anguish.
Branch explained that the crash exacerbated an existing disability, as he already had a prosthetic leg. He detailed the subsequent medical complications, citing a recommendation from doctors to replace his entire prosthetic due to the incident’s impact. “They told me the only way to fix it was to take out the total prosthetic,” he said, adding that such a procedure would require deeper intervention into the bone structure.
The incident was further complicated for Branch, as he recounted feeling disrespected by Kubosh, who allegedly mocked him in the moments following the crash. “He held up a screw in his hand and said, ‘Hey, I found the screw that’s part of your leg,’” Branch recalled. This incident contributed to his significant emotional distress, as he perceived it as a mockery of his disability.
Key pieces of evidence presented to the jury included a photograph showing Kubosh and the city’s then-fire chief, Sam Pena, with the screw in question. The jury was informed about Branch’s lengthy recovery journey and the profound impact the accident had on his personal life and volunteer activities. “I prayed many days that I would see this case resolved,” he shared, emphasizing the toll the incident took on his family and volunteer commitments.
Branch’s attorney, Katie James, indicated that legal complexities and the city’s resistance prolonged the case for seven years. Under Texas law, plaintiffs may sue government officials for accidents involving motor vehicles, but the City of Houston argued that Kubosh’s actions did not meet the criteria, as he inadvertently accelerated while adjusting his seating position.
Despite the jury’s award, state law limits municipal liability in such cases, meaning Branch will only receive half of the total awarded amount. He also expressed concern that Kubosh had made a racial slur during the incident, although that claim was not included in the current lawsuit and would need separate legal action.
After settling his medical expenses, Branch plans to contribute the remaining funds to the Community Emergency Response Team, reflecting his ongoing dedication to helping others in his community.
In response to media inquiries, Kubosh referred them to the city attorney. He later stated that both he and the fire chief had encouraged Branch to seek medical help at the scene, but that Branch declined assistance. Kubosh firmly denied having disrespected Branch, asserting he never made any racial remarks during the parade.
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