Cypress Jury Awards $0 in Rear-End Collision Trial

On November 19, 2012, a chain-reaction collision occurred on Cypress North Houston Road in Cypress, Texas. The plaintiff, a 79-year-old retiree, was driving a Toyota Prius when traffic ahead slowed. A pickup truck, owned by the defendant company, subsequently rear-ended a Jeep Cherokee traveling between the plaintiff's vehicle and the pickup. This impact caused the Jeep to strike the plaintiff's Prius from behind. The plaintiff later filed a negligence lawsuit against the company, alleging its employee's actions caused the collision and his resulting lumbar spine injuries. The plaintiff's spouse also brought a derivative claim for loss of consortium.

The plaintiff claimed injuries including a compression fracture of the L1 vertebra and spondylolisthesis, which necessitated acupuncture and epidural steroid injections, and resulted in chronic lower back pain. Although one treating physician recommended lumbar decompression and fusion surgery, another orthopedist disagreed, and the procedure was not performed. The plaintiff sought $775,000 in damages. The defendant maintained the collision was an accident, with its employee driver testifying that his wet shoe had slipped onto the accelerator. The defense disputed the extent of the plaintiff's injuries, arguing they were pre-existing lumbar conditions or minor soft-tissue injuries that should have resolved. A defense orthopedic expert opined that the lumbar injuries were pre-existing.

After a three-day trial, the jury found the defendant company was not negligent in the incident. Consequently, the jury awarded $0 in damages to the plaintiff. Had liability been found, the jury indicated it would have awarded $8,500. There was no award for the loss of consortium claim. A motion for a new trial by the plaintiff is pending.