Dallas Jury Awards $16,210 in Unsafe Backing Collision

On September 16, 2015, a collision occurred in Dallas, Texas, when a defendant's sedan, backing out of an alley onto Millbrook Drive, struck the left side of a plaintiff's vehicle. Law enforcement attributed fault to the defendant for unsafe backing. The plaintiff subsequently filed a lawsuit, alleging negligence by the defendant for failing to maintain a proper lookout and backing unsafely. The plaintiff claimed neck and back injuries from the incident.

The defendant denied negligence, testifying that they backed out of the alley to allow an oncoming vehicle to pass and checked Millbrook Drive for traffic before moving. The defendant asserted no distraction from a cell phone or other activity. The plaintiff claimed strains, sprains, a lumbar disc bulge, and radicular pain, undergoing chiropractic care, X-rays, MRIs, and pain management. Vehicle damages totaled approximately $3,400 for the plaintiff and $1,100 for the defendant.

The plaintiff sought about $28,000 for past medical expenses and $15,000 for past physical pain and mental anguish. The defense disputed the reasonableness and necessity of the plaintiff's extensive chiropractic treatment, MRI referrals, and the associated costs, noting that all treatment was provided under a letter of protection. A plaintiff's chiropractor testified the treatment was reasonable and necessary and accident-related. After a one-day trial and an hour of deliberation, a jury found the defendant negligent. The plaintiff was awarded $16,210, which included $15,210 for past medical costs and $1,000 for past physical pain and mental anguish.