Addison Jury Finds Negligence, No Damages Awarded in Collision

On October 30, 2013, a collision occurred in Addison, Texas, involving a vehicle driven by the plaintiff, a pharmacy clerk, and a taxicab driven by the defendant. The plaintiff alleged that the defendant, a taxicab driver, attempted a left turn in front of her at an intersection, causing her vehicle to strike his. The plaintiff claimed multiple soft-tissue injuries to her shoulders, knees, back, and neck, and sought approximately $36,000 for past medical expenses, along with damages for pain and impairment. The lawsuit alleged the defendant's negligent driving and, against the taxicab company, negligent training and supervision.

The defendant contended the plaintiff was behind him in the middle lane and attempted to pass him on the left as the light turned green, clipping his vehicle's left rear corner. The defendant maintained he was going straight, not turning, and argued that dark, rainy conditions contributed to the plaintiff misjudging distances. Defense counsel also disputed the severity and causation of the plaintiff's claimed injuries, noting minimal vehicle damage ($1,200 for the plaintiff, $200 for the defendant), no injury complaints at the scene, and suggested the plaintiff's extensive treatment was attorney-directed and excessive. The defense also argued that the cab driver was an independent contractor, absolving the company of training duties.

Following a three-day trial, the jury found both the plaintiff and the defendant 50 percent negligent for the collision. However, the jury awarded no damages to the plaintiff. Under Texas law, a plaintiff found more than 50 percent at fault cannot recover damages, but even with a 50 percent finding, the zero damages award indicated the jury did not attribute compensable injuries or losses to the incident.