Conroe Jury Finds Negligence in Broadside Collision, Awards $11,096

In July 2015, a collision occurred in Conroe when a plaintiff's sport utility vehicle, traveling on a flyover from northbound Interstate 45, broadsided a defendant's SUV attempting a right turn onto Montgomery College Drive from College Park Drive. Both drivers had green lights at the intersection where the flyover merges with College Park Drive. The impact caused significant damage to both vehicles, and the plaintiff reported multiple injuries.

The plaintiff subsequently sued the defendant, alleging negligence in vehicle operation. Specifically, the plaintiff claimed the defendant failed to maintain a proper lookout, failed to yield the right of way, and executed an unsafe and illegal right turn. The defendant countered that she did not see the flyover or traffic approaching from her right. Photos showing vehicle damage were presented as evidence. Although subsequent photos showed "no right turn" signs, the defendant questioned their presence at the time of the incident.

The plaintiff sought over $105,000 in damages for past and future medical expenses, pain, and impairment, citing injuries including a concussion, memory loss, disc bulges, and various sprains. The defense challenged the extent of the plaintiff's injuries, arguing that early medical records indicated resolution of some complaints and that renewed or increased complaints, along with higher medical bills, coincided with the plaintiff retaining an attorney and receiving attorney referrals for treatment. The defense also noted the plaintiff pursued no treatment for head injuries after an initial hospital visit where her mental status was documented as normal.

After a one-day trial and two hours of deliberation, the jury found the defendant negligent. The jury awarded the plaintiff $11,096, which included $7,096 for past medical expenses and $4,000 for past physical pain. The award was significantly less than the damages the plaintiff had sought.