Corpus Christi Jury Awards $232,835 in Rear-End Collision

On April 3, 2018, in Corpus Christi, a project manager's pickup truck was rear-ended while stopped at a stop sign. The plaintiff filed a lawsuit against the trailing driver and his employer, alleging negligence and vicarious liability. The plaintiff claimed the collision caused disc herniations and an L5 pars fracture, leading to radiating lower back pain.

The plaintiff underwent medical treatment, and an orthopedic surgeon later recommended a three-level lumbar laminectomy and fusion at an estimated cost of $129,000. The plaintiff and his spouse testified the surgery was delayed due to the COVID-19 pandemic and the spouse's breast cancer diagnosis, also describing work and home limitations. Plaintiff's experts included a biomechanics specialist, who estimated the impact speed at 12 to 17 mph, and an orthopedic surgeon, who confirmed past treatment was reasonable and reiterated the surgical recommendation.

The defendant driver admitted looking away but claimed the plaintiff stopped abruptly and that the impact speed was only 3 to 5 mph. Defense counsel noted minor to moderate damage to the plaintiff's vehicle and no visible damage to the defendant's. A defense orthopedic surgeon opined the accident caused only sprains and strains, asserting the plaintiff's disc problems were degenerative and pre-existing, thus surgery was not needed. The defense highlighted the three-year delay in undergoing the recommended surgery.

After a three-day trial, a jury deliberated for 1.5 hours before finding the defendants liable. The jury awarded the plaintiff $232,835 in total damages. This included $24,335 for past medical costs, $129,000 for future medical costs, $12,500 for past and future physical impairment, and $67,000 for past and future physical pain and mental anguish.