Dallas Jury Awards No Damages for Rear-End Collision

In October 2011, a 64-year-old nurse care manager was involved in a rear-end collision on Interstate 635 in Dallas. The plaintiff alleged the defendant, driving another sedan, failed to maintain a proper lookout and control speed, striking her vehicle which had stopped due to traffic. The plaintiff subsequently sued for vehicular negligence. The defendant admitted negligence, and the trial proceeded to determine the extent of the plaintiff's injuries and damages.

The plaintiff claimed a torn rotator cuff in her dominant right shoulder, asserting the injury occurred when she used her right hand to prevent her dog, who was in the front seat, from being thrown forward by the impact. She underwent surgery in January 2012, followed by physical therapy, and claimed $20,000 in past medical expenses and $15,000 in past lost income. An orthopedics expert testified that the plaintiff would require two future shoulder replacements, estimating $110,000 in future medical costs. The plaintiff sought a total of $1.9 million for various damages, including past lost income, and past and future pain and suffering, physical impairment, and medical expenses.

Defense counsel disputed the damages, arguing the collision was not the proximate cause of the rotator cuff tear. The defense highlighted that the plaintiff testified she did not see the defendant's vehicle until after feeling the collision, suggesting she was restraining her dog from her own sudden stop rather than from the defendant's impact. Additionally, the defense noted the plaintiff had a pre-existing shoulder injury that required surgery and did not report pain until two days after the incident, implying the injury was unrelated to the collision. After three days of trial, a jury deliberated for 45 minutes and awarded no damages to the plaintiff.