Irving, Texas Jury Awards $6,500 Damages in Rear-End Collision

On May 19, 2011, in Irving, Texas, a vehicle driven by the defendant rear-ended a plaintiff's car that was stopped at a red light at the intersection of MacArthur Boulevard and Royal Boulevard. The defendant’s foot reportedly came off the brake due to a distraction. The plaintiff subsequently filed a lawsuit, alleging the defendant’s negligence caused the collision. The court later granted the plaintiff a directed verdict on liability.

The plaintiff, a bodily injury counselor, claimed neck, back, and right knee pain, asserting the collision aggravated a pre-existing hamstring injury. The plaintiff sought treatment from an urgent care clinic, a chiropractor, and an orthopedic surgeon, followed by physical therapy. Medical expenses totaled $6,000, and the plaintiff also sought damages for past physical pain. The court prevented the plaintiff from seeking damages for physical impairment after he acknowledged similar limitations existed prior to the accident. The plaintiff reported that his injuries resolved completely after several months of treatment.

The defense presented expert testimony from a biomechanical engineer, who reviewed vehicle damage and repair estimates. The expert concluded that the forces involved in the collision were comparable to those experienced when sitting down in a chair, but was not permitted to offer an opinion on causation for the plaintiff's claimed injuries.

After a one-day trial and 1.5 hours of deliberation, the jury awarded the plaintiff $6,500. The verdict was 11-1, with one juror favoring no award. The award included $6,000 for past medical costs and $500 for past physical pain.