El Paso Jury Concludes Rear-End Collision with Defense Verdict

On August 8, 2016, a plaintiff driving an SUV was rear-ended by a sedan while stopped at a red light in El Paso. The plaintiff claimed neck, back, and shoulder injuries and subsequently filed a lawsuit. The suit alleged negligence against the sedan's driver, who reportedly had an expired license and prior moving violations, and negligent entrustment against the driver's stepfather, identified as the alleged vehicle owner. The driver and driver's mother were later dismissed from the case on summary judgment.

The plaintiff's counsel argued the stepfather, even if not the registered owner, could have prevented the driver from using the vehicle. The defendant stepfather denied negligent entrustment, asserting the vehicle was titled to the driver's mother, purchased with her separate funds, and he was not present when she gave the driver permission to use it. He also stated he was unaware the driver's license had expired. The plaintiff sought approximately $38,000 for medical expenses, along with damages for past and future physical pain and impairment.

Defense counsel countered that the plaintiff failed to prove the injuries were caused by this accident, citing minimal damage to both vehicles. The defense highlighted the plaintiff's prior rear-end collision less than two years earlier, where the plaintiff sought treatment from the same medical providers. They also noted the plaintiff was on Social Security disability for a prior back injury and had filed a lawsuit for the earlier accident *after* the current one, disputing claims of being asymptomatic.

After a one-day trial and 45 hours of deliberation, the jury rendered a defense verdict. The jury found that the defendant's negligence did not proximately cause the accident and awarded no damages.