Dallas County Jury Issues Defense Verdict in Rear-End Collision

In September 2009, a plaintiff, then 68, was involved in two separate rear-end collisions in Houston. The first incident occurred on September 13 when a vehicle driven by a first defendant rear-ended the plaintiff's stopped car after a light changed. On September 21, a second defendant, operating a vehicle for an employer, rear-ended the plaintiff's car during rush hour traffic. The plaintiff filed a lawsuit against both drivers, alleging negligence for failing to maintain a proper lookout or control speed. The suit also included claims of respondeat superior, negligent entrustment, and gross negligence against the employer, though the latter two claims were later nonsuited by the plaintiff during trial. The plaintiff claimed a lumbar injury or exacerbation of a pre-existing condition, which necessitated the implantation of a spinal cord stimulator and led to early retirement. Damages sought included physical pain, mental anguish, physical impairment, and lost earning capacity. The first defendant argued a low impact speed, while the second defendant claimed a sudden emergency and noted that neither police nor ambulances were called after their collision. Defendants presented expert testimony asserting the plaintiff's symptoms were pre-existing and unrelated to the collisions, highlighting prior medical conditions, a 2008 accident, and a pain management regimen predating the 2009 incidents. The defense also noted the plaintiff did not present medical testimony. At the close of all evidence, the court granted a directed verdict against the first defendant on negligence. However, the jury found no negligence on the part of the second defendant and ultimately awarded zero damages to the plaintiff. The outcome reflected the jury's acceptance of the defense's arguments regarding the lack of causation between the collisions and the plaintiff's claimed injuries.

On November 14, 2011, a rear-end collision occurred on the Katy Freeway in Houston, Texas. The plaintiff had stopped her vehicle in the left lane due to traffic when the defendant's vehicle struck it from behind. The plaintiff alleged the collision caused sprains and strains to her cervical and thoracic spine and left shoulder. The lawsuit claimed the defendant was negligent by traveling at an excessive speed, failing to maintain an assured clear distance, and failing to brake in a timely manner. Initially, the defendant argued the plaintiff made a sudden stop, which prevented avoidance. However, prior to trial, the defendant stipulated liability for the collision. The dispute then focused on the extent of the plaintiff's injuries, with the defendant maintaining that the plaintiff was not seriously injured and any alleged injuries were pre-existing. A jury found that the plaintiff did not suffer any serious or permanent injury in the collision.

In Dallas County, a plaintiff filed a lawsuit after experiencing neck and back injuries in a rear-end collision. The plaintiff alleged the defendant's negligence caused the incident and sought damages for physical pain, impairment, and medical expenses. Prior to trial, the parties engaged in mediation, but the case proceeded to a jury. During the trial, the plaintiff presented testimony from an orthopedic medical expert regarding the injuries sustained. The defendant did not present any expert testimony. The jury ultimately returned a unanimous verdict in favor of the plaintiff. The jury awarded total damages of $7,131. This amount included $1,000 for past physical pain and suffering, $2,000 for past physical impairment, and $4,131 for past medical care. The jury awarded no damages for future pain and suffering, future physical impairment, or past and future mental anguish.

On July 9, 2013, a vehicle operated by the defendant allegedly rear-ended a car driven by the plaintiff. The plaintiff claimed the defendant negligently failed to yield and ran a red light, sustaining personal injuries in the incident. On April 8, 2014, the plaintiff filed a negligence petition for damages against the defendant in the District Court, 44th District Court, Dallas County, Texas. On February 10, 2015, the parties informed the court they had reached a settlement. The agreement provided that the plaintiff would accept $7,100 to resolve all claims. An agreed order of dismissal with prejudice was entered on February 20, 2015.

One driver stopped their vehicle on the highway due to a prior collision. The other driver then struck the stopped vehicle from behind at high speed, causing it to hit another vehicle in front. The collision resulted in the death of one passenger and injuries to another passenger and the driver.