Denton County Jury Awards $91,200 in Underinsured Motorist Claim

In October 2011, a plaintiff was driving a compact car eastbound on Interstate 10 in Harris County, Texas. While moving to the outside shoulder to yield to an approaching fire truck, the plaintiff's vehicle struck a rectangular hole in the pavement, causing a right front tire blowout. The hole, approximately two feet long and several inches deep, had resulted from the removal of a traffic-counting device and had not been refilled. The plaintiff alleged a shoulder injury. The plaintiff filed a premises liability lawsuit against the Texas Department of Transportation, alleging the hole constituted an unreasonably dangerous "special defect" that the agency knew or should have known about. The court ruled that the hole was a special defect as a matter of law. The defendant denied knowledge of the condition and contended that the plaintiff was negligent for failing to keep a proper lookout. The plaintiff claimed the incident aggravated a pre-existing partial rotator cuff tear, while the defense argued the injury was entirely pre-existing and noted a six-month gap in the plaintiff's treatment history. After a two-day trial, a jury found the Texas Department of Transportation negligent and awarded the plaintiff $9,973. The jury's finding of negligence was based on the determination that the defendant "knew or should have known" of the dangerous condition. The jury did not find the defendant negligent based on "actual knowledge," nor did it find the plaintiff comparatively negligent. The award included damages for past medical costs, past physical impairment, past lost earning capacity, and past physical pain.

On September 16, 2012, a vehicle collision occurred in Dallas County, Texas. The plaintiff alleged that a defendant driver negligently failed to stop at a red traffic light, causing an intersection accident with the plaintiff's car. The plaintiff claimed to have sustained personal injuries in the crash. On February 5, 2014, the plaintiff filed a negligence lawsuit against the defendant driver and the vehicle owner defendant in District Court in Dallas County. The parties subsequently reached a settlement through mediation on January 22, 2015. A judge then entered an agreed order on February 10, 2015, dismissing the suit with prejudice.

A negligence case was filed following a motor vehicle incident that involved a commercial vehicle. The plaintiff brought the action against the defendant. A defense expert specializing in areas such as forensic auditing and transportation safety was involved in the proceedings. The parties reached a settlement agreement, concluding the case on June 30, 2015.

One driver alleged another driver was negligent in striking their vehicle. A second driver then struck the first driver's vehicle, causing it to hit the plaintiff's vehicle a second time. The plaintiff suffered injuries to their neck, back, and shoulder. The parties resolved the claim for $60,750.

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.