Galveston Jury Awards $39,195 in Rear-End Collision

On May 8, 2016, a computer technician was driving on Seawall Boulevard in Galveston, Texas, when an uninsured motorist rear-ended his vehicle, pushing it into a sport utility vehicle ahead. The technician alleged that he suffered injuries to his back and neck from the collision. He subsequently sued his insurer, Allstate Fire and Casualty Insurance Co., seeking uninsured motorist benefits. The defense conceded liability for the accident itself, and the trial focused solely on damages.

The plaintiff claimed cervical, thoracic, and lumbar sprains and strains, along with herniated discs at C5-6 and C6-7, which he stated were indenting the thecal sac and touching the spinal cord. He also reported bursitis and radiating pain in his right shoulder. Treatment included over a year of physical therapy and multiple epidural steroid and trigger-point injections. The plaintiff sought $42,240 for past medical expenses, plus damages for past physical pain and impairment, with testimony from his wife and son regarding the impact of his injuries.

The defense, while not disputing the reasonableness of the medical bills, contested the causation of the injuries. It argued that the accident was low-speed, airbags did not deploy, and photographs showed only minor damage to the vehicles. The defense highlighted that the plaintiff drove home from the scene, his cervical MRI was not taken until five months post-accident, and he was referred to chiropractic care by a lawyer, with therapy notes appearing to be duplicated. The defense suggested the jury award only the chiropractic bills up to the point of injections.

Following a two-day trial, the jury deliberated for 1.5 hours and returned a unanimous verdict, awarding the plaintiff $39,195 for past medical expenses only. Jurors reportedly allowed for approximately six months of chiropractic care, rather than the 13 months submitted by the plaintiff, indicating their consideration of the defense's arguments regarding the extent and causation of the claimed injuries.