Texas Jury Awards $10.5 Million in Premises Liability Death

On August 14, 2014, a vehicular collision occurred in Houston, Texas, when the defendant's vehicle struck the rear of the plaintiff's vehicle. The plaintiff alleged the defendant, operating a company vehicle within the scope of employment, was traveling at an excessive rate of speed, failed to maintain a proper lookout, and did not keep a safe distance, causing severe injuries to the plaintiff's cervical and lumbar spine. The plaintiff filed a negligence lawsuit, claiming the defendant's actions led to significant neck and back disc injuries. The defendant failed to answer the complaint, resulting in a default judgment entered by the court. The court awarded the plaintiff $364,305 in damages. This included $200,000 for pain and suffering, $14,305 for past medical expenses, and $150,000 for future medical expenses. The judgment was granted due to the defendant's failure to respond to the legal complaint.

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.

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.

A plaintiff filed a vehicular negligence action after his stopped vehicle was struck from the rear by a defendant's vehicle on April 10, 2014, at an intersection in Houston, Texas. The plaintiff alleged the defendant failed to control the vehicle, maintain a proper lookout, and take evasive action. The plaintiff claimed to have sustained an ankle sprain and discogenic injuries to the cervical and lumbar spine as a result of the collision. The defendant denied all allegations of negligence, including that the plaintiff sustained serious or permanent injuries from the accident. A jury ultimately found the defendant negligent. The jury awarded the plaintiff $16,361 for past damages and an additional $10,000 for future damages.

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.