Galveston Jury Finds Negligence, Awards No Damages in Pedestrian Collision

On August 14, 2015, a retiree was struck by a compact car while crossing the southbound lanes of Harborside Drive in a protected crosswalk in Galveston, Texas. The driver, who was making a left turn onto Harborside Drive with a solid green light, collided with the pedestrian. The pedestrian claimed injuries and subsequently filed a lawsuit alleging the driver was negligent for failing to yield the right of way and maintain a proper lookout. The lawsuit was later amended to include a claim for underinsured motorist (UIM) benefits against the plaintiff's UIM carrier, Texas Farm Bureau Mutual Insurance Co., which held a $300,000 policy.

Before trial, the plaintiff settled claims against the driver for the $50,000 liability policy limit, and the case proceeded solely on the UIM claim. The plaintiff's counsel argued that the driver was exclusively negligent, presenting the driver's video deposition in which fault was admitted. An accident reconstructionist testified that pedestrians in protected crosswalks have the right of way. The plaintiff claimed to have suffered a torn left rotator cuff and ongoing left hip pain, both requiring surgery, asserting these were new injuries or aggravations of pre-existing conditions. The plaintiff sought damages for future medical expenses, as well as past and future pain, anguish, and physical impairment.

Texas Farm Bureau Mutual Insurance Co. contended that both the driver and the plaintiff were 50 percent responsible for the accident, asserting that pedestrians also have a duty to keep a proper lookout and noting the driver's low speed. The defense questioned the necessity of all claimed treatments, including a spinal cord stimulator, and highlighted the plaintiff's pre-existing arthritis and degenerative disc disease. Defense counsel argued that the plaintiff's hip complaints stemmed from these pre-existing lumbar conditions and that much of the claimed treatment was unrelated to the incident. They also pointed out that the plaintiff did not receive treatment during summers and continued to engage in activities like hiking.

After a two-day trial, the jury deliberated for 43 minutes. The jury found negligence and proximate cause for both the driver and the plaintiff, assigning 80 percent responsibility to the driver and 20 percent to the plaintiff. However, the jury awarded no damages.