Dallas County Jury Awards $5,258 in Rear-End Collision, Judge Rules Take-Nothing

On April 4, 2012, a plaintiff property manager was involved in a vehicle collision with a defendant driver on an exit ramp from Highway 635 in Balch Springs, Texas. The plaintiff claimed neck, shoulder, and elbow injuries, subsequently filing a lawsuit against the defendant for failing to keep a proper lookout and control speed, leading to a rear-end collision. The defendant did not dispute negligence regarding the collision itself.

The plaintiff sought emergency room treatment and later underwent surgical repair for a torn rotator cuff in her left shoulder, also claiming an ulnar nerve injury in her left elbow and cervical strains. Plaintiff's counsel contended the plaintiff was terminated from her employment due to an inability to perform job duties after the collision. The plaintiff sought $114,000 for past medical expenses, $95,000 for past and future lost income, and unspecified amounts for past and future pain and suffering and physical impairment.

Defense counsel disputed the extent of damages and causation. The defense argued that photographs showing minimal vehicle damage indicated a low-speed impact, insufficient to cause the claimed injuries. A defense biomechanical expert testified the collision angle would not have caused the elbow injury, and a defense medical expert stated neither the shoulder nor elbow injury was caused by the collision. The defense also introduced evidence of the plaintiff sustaining a prior shoulder tear from a fall two years before the collision.

A jury found the defendant liable and awarded the plaintiff $5,258.38. However, the presiding judge subsequently entered a take-nothing judgment, as the jury award was less than the defendant's final pre-trial settlement offer.