Garland Jury Awards $10,464 in Rear-End Collision

In April 2015, a 16-year-old high school student, driving a 2013 Volkswagen Beetle owned by her mother, was rear-ended in Garland, Texas. The incident occurred on Naaman School Road when the plaintiff driver stopped in traffic and was struck by a 2007 Chevrolet Impala, pushing her vehicle into a 1999 Ford Explorer ahead. The plaintiff driver claimed a head injury, and the plaintiff owner sought property damage for the vehicle.

The plaintiffs sued the defendant driver, alleging negligence for failing to maintain a proper lookout, control speed, and brake effectively. The plaintiff driver reported headaches and blurred vision, leading to a concussion diagnosis and ongoing treatment with a specialist. She claimed slight memory deficiencies and impaired decision-making abilities resulted from the collision, attributing subsequent behavioral issues and academic problems to her injuries. Damages sought included past medical expenses, physical pain, mental anguish, and physical impairment. The plaintiff owner sought damages for the vehicle's diminished value.

The defense conceded fault for the accident but disputed the extent of negligence and the causation of the claimed injuries. Defense counsel argued that the plaintiff driver's behavioral issues were consistent with typical teenage rebellion, not injury-related. The defense also pointed to a separate November 2015 incident where the plaintiff driver sustained a head injury from a volleyball, suggesting it as an alternative cause for any impaired judgment. They proposed significantly lower awards for medical expenses and no award for physical impairment.

After a two-day trial, the jury found the defendant negligent. The jury awarded the plaintiff owner $2,314 for the diminished value of the vehicle and the plaintiff driver $8,150, which included $2,400 for past medical costs, $500 for past physical impairment, and $5,250 for past physical pain and mental anguish. The total award to the plaintiffs was $10,464.