Leon Valley, Texas Jury Awards $72,465 in Rear-End Collision

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 September 19, 2013, a front-seat passenger in a sedan was injured when the vehicle was rear-ended by a 15-passenger van on Interstate 37 Frontage Road in Corpus Christi, Texas. The plaintiff, a carpenter, subsequently filed a lawsuit against the van driver and the driver's employer, alleging vehicular negligence and claiming the collision aggravated a pre-existing back injury. The plaintiff reported immediate back pain that worsened the following day, leading to an emergency room visit. An orthopedic surgeon later confirmed the collision aggravated a pre-existing degenerative disc disease. The plaintiff, who had a non-debilitating history of back pain, underwent physical therapy, steroid injections, and ultimately a two-level lumbar fusion. Treating physicians testified the collision necessitated surgery and affected his ability to perform manual labor. The plaintiff sought damages for past and future medical costs, lost wages, and pain and mental anguish. While the defendants did not dispute negligence for the collision, they contested causation and the extent of injury. The defense argued the impact was minor, noting the police report indicated no immediate injuries and the van was traveling at low speed. Defense experts opined the plaintiff's back problems were attributable to his pre-existing degenerative condition, not the accident, and that he would sustain no wage loss. Following a five-day trial, the jury found the defendant driver negligent and determined his negligence was a factual cause of the plaintiff's injuries. The jury awarded the plaintiff $563,003 in damages. The court subsequently added $32,257.69 for pre-judgment interest and court costs, resulting in a total judgment of $595,360.46 for the plaintiff.

On October 10, 2012, a vehicular collision occurred on West 34th Street in Houston, Texas. The plaintiff was driving eastbound when she slowed for traffic, and her vehicle was struck from the rear by a defendant's vehicle. The force of the impact pushed the plaintiff's car into the automobile in front of hers. The plaintiff filed a negligence lawsuit, asserting the defendant failed to maintain a proper lookout, apply brakes in a timely manner, and manage an assured clear distance. As a result of the accident, the plaintiff claimed to have suffered a blow to the head, lost consciousness, and was diagnosed with a concussion, a hematoma of the head, broken ribs, a collarbone, and a pelvis. She further alleged permanent brain injury affecting memory, balance, and causing tremors, in addition to depression. The defendant denied all allegations of negligence, contending the plaintiff caused the accident by making a right turn from a driveway into traffic and then suddenly braking. The defendant also disputed the extent of the plaintiff's injuries, maintaining that some were unrelated to the collision and resulted from pre-existing illness, disease, or another accident. After hearing the arguments, a jury found the defendant 100% liable for the accident. The plaintiff was awarded $70,000 in past damages.

One driver was slowing for a stop light when the other driver, who was trying to retrieve a dropped cell phone, rear-ended their vehicle. The injured driver sustained a neck injury, a bulging disc, and neck pain. They also incurred medical expenses, lost wages, and vehicle damage.

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.