Houston Jury Awards $1,732,000 in FELA Railroad ATV Crash

On March 13, 2012, a plaintiff was injured in a multi-vehicle collision while driving in slow traffic near Highway 59 in Houston, Texas. The defendant driver reportedly swerved into the plaintiff's lane, striking a vehicle behind the plaintiff, which then collided with the rear of the plaintiff's slowing car. The plaintiff subsequently filed a vehicular negligence action. The plaintiff alleged the defendant was negligent in failing to maintain a proper lookout, operating a vehicle unsafely, and failing to apply brakes in a timely manner, which led to injuries including to the chest, neck, back, and a partial to full thickness tear of the right rotator cuff. The defendant denied all allegations of negligence and injury. Following the proceedings, the court found the defendant negligent and that this negligence caused harm to the plaintiff. The plaintiff was awarded $10,000 for past pain and suffering, $10,000 for past disfigurement, and $10,003 for past medical expenses, totaling $30,003.

An individual filed a negligence lawsuit following a rear-end collision that occurred on October 25, 2011, in Houston, Texas. The plaintiff, a 36-year-old mechanic, was stopped at the intersection of Wallisville Road and Main Street, waiting to make a left turn, when the defendant's vehicle struck the rear of the plaintiff's car. The plaintiff alleged the defendant was negligent by failing to control speed, maintain a proper lookout, and properly apply brakes. The plaintiff claimed the collision caused injuries to his cervical, thoracic, and lumbar spine, including disc bulges and a disc protrusion. The defendant denied all allegations of negligence and injury, asserting that the plaintiff's own comparative or contributory negligence caused the accident. A jury found the defendant negligent and awarded the plaintiff $9,020 in compensatory damages.

In Tarrant County, a plaintiff filed a lawsuit alleging negligence following a motor vehicle accident. The plaintiff claimed to have sustained bodily injuries, specifically soft tissue damage to the neck and back, as a result of the incident. A jury heard the case and delivered an 11-1 verdict in favor of the plaintiff. The jury found the defendant negligent and awarded damages totaling $2,226. This amount included $500 for past physical pain and mental anguish, and $1,726 for past medical care.

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 November 14, 2011, a rear-end collision occurred on the Katy Freeway in Houston, Texas. The plaintiff had stopped her vehicle in the left lane due to traffic when the defendant's vehicle struck it from behind. The plaintiff alleged the collision caused sprains and strains to her cervical and thoracic spine and left shoulder. The lawsuit claimed the defendant was negligent by traveling at an excessive speed, failing to maintain an assured clear distance, and failing to brake in a timely manner. Initially, the defendant argued the plaintiff made a sudden stop, which prevented avoidance. However, prior to trial, the defendant stipulated liability for the collision. The dispute then focused on the extent of the plaintiff's injuries, with the defendant maintaining that the plaintiff was not seriously injured and any alleged injuries were pre-existing. A jury found that the plaintiff did not suffer any serious or permanent injury in the collision.