Texas Court Dismisses Motor Vehicle Accident Personal Injury Claim

A motor vehicle accident occurred in Louisiana when a vehicle operated by one individual collided with an automobile driven by the plaintiff. The plaintiff driver allegedly sustained significant injuries, including nerve damage affecting breathing and lungs, requiring immediate cervical surgery. The plaintiff driver's spouse also claimed a loss of consortium. The at-fault driver's insurance paid its $50,000 policy limit, but the plaintiffs deemed this inadequate to cover the extensive losses. The plaintiff driver and spouse then filed an insurance and bad faith and vehicular liability action against Privilege Underwriters Reciprocal Exchange (PURE), their own insurer, in the 24th Judicial District Court, Parish of Jefferson. They asserted claims for negligence, loss of consortium, and breach of the uninsured/underinsured motorist provisions of their policy, alleging PURE failed to tender a fair sum despite receiving extensive medical documentation. PURE removed the case to the U.S. District Court for the Eastern District of Louisiana. PURE denied the allegations, asserting affirmative defenses that included failure to state a claim, failure to mitigate damages, and comparative fault. After a trial, a jury found that the plaintiff driver and spouse had not proven by a preponderance of the evidence that the injuries to the plaintiff driver were legally caused or worsened by the motor vehicle accident. The jury also found that the plaintiff spouse had not proven a sustained loss of consortium. The court subsequently entered judgment in favor of PURE and dismissed the case with prejudice.

A motor vehicle accident case was filed, though few details were available regarding the incident or the specific claims made. A rehabilitation psychology expert, specializing in areas including vocational rehabilitation, life care planning, and chronic pain management, was involved on behalf of the plaintiff. Information about the case's resolution was not available.

On March 4, 2013, a collision occurred in Lake Charles, Louisiana, on Monroe Street. The plaintiff was stopped at a stop sign when a vehicle driven by the defendant, an employee of Cequel Communications, rolled forward and struck the plaintiff's vehicle. The incident reportedly occurred after the defendant's foot slipped off the brake. The investigating officer noted extremely minor vehicle contact, stating it merely transferred dust between the vehicles, and neither vehicle required repairs. Despite the minor nature of the collision, the plaintiff later sought treatment for a multi-level cervical and disc herniation injury, which a chiropractor confirmed. The plaintiff incurred approximately $32,000 in medical bills and subsequently filed a lawsuit seeking damages from the defendant and his employer. The defense argued that the collision was too minor to have caused a compensable injury and that the plaintiff's alleged injuries were pre-existing and unrelated to the incident. An accident reconstruction expert and an orthopedic expert provided testimony for the defense. The case proceeded to a two-day trial focused on causation. The jury ultimately found that the defendant was negligent in the rear-end collision. However, the jury also concluded that this negligence did not cause injury to the plaintiff. Consequently, the jury did not reach a decision on damages, and no judgment had been entered several weeks after the trial concluded.

On December 17, 2017, a rear-end collision occurred in Gretna, Louisiana, when a defendant's vehicle hydroplaned and struck a pickup truck occupied by a driver and a passenger who were stopped at a red light. The defendant admitted fault for the crash. While the collision resulted in minor damage to the pickup's trailer hitch, the driver characterized the impact as significant. The driver subsequently sought treatment for an L5-S1 disc injury, including epidural steroid injections, and the passenger reported a cervical disc bulge, undergoing a period of pain management. Each plaintiff incurred approximately $40,000 in medical bills. The driver and passenger, as plaintiffs, filed a lawsuit against the striking defendant, seeking damages. They also brought an uninsured/underinsured motorist claim against their own insurer. The defense contended that the collision was minor and minimized the severity of the claimed injuries. Evidence presented by the defense noted that the plaintiffs did not seek immediate medical care, having driven several hours to Texas after the incident. A defense orthopedic expert concluded that the passenger sustained only a strain injury and the driver experienced an aggravation of degenerative conditions. Surveillance video depicting the driver white water rafting was also introduced to challenge the extent of the claimed injuries. The case proceeded to a three-day trial in Gretna. During deliberations, the jury requested to review vehicle photos, itemized medical bills, and the claim for car damage. Ultimately, the jury concluded that neither plaintiff sustained injuries as a result of the incident and therefore did not award damages. A judgment was subsequently entered in favor of the defense, closing the case.

On July 16, 2021, a defendant operating a Freightliner tractor-trailer reportedly struck a stationary vehicle occupied by the plaintiff in a parking lot. The impact allegedly threw the plaintiff from the sleeper cab, causing various physical injuries, including severe pain in the neck, back, shoulders, head, arms, legs, feet, and abdomen. The plaintiff claimed ongoing chronic pain, substantial medical expenses, and a reduced earning capacity as a result of the collision. Details regarding specific legal arguments, defenses, or the ultimate resolution of the case were not available in the record.