Texas Jury Issues Verdict in Rear-End Collision Civil Lawsuit

A civil case involving a plaintiff, who also acted as next friend for a second individual, and a defendant concluded in Texas on April 30, 2015. Few details were available regarding the specific incident that led to the lawsuit, the legal claims presented by either side, or the ultimate resolution of the dispute.

In Dallas County, a plaintiff filed a lawsuit after experiencing neck and back injuries in a rear-end collision. The plaintiff alleged the defendant's negligence caused the incident and sought damages for physical pain, impairment, and medical expenses. Prior to trial, the parties engaged in mediation, but the case proceeded to a jury. During the trial, the plaintiff presented testimony from an orthopedic medical expert regarding the injuries sustained. The defendant did not present any expert testimony. The jury ultimately returned a unanimous verdict in favor of the plaintiff. The jury awarded total damages of $7,131. This amount included $1,000 for past physical pain and suffering, $2,000 for past physical impairment, and $4,131 for past medical care. The jury awarded no damages for future pain and suffering, future physical impairment, or past and future mental anguish.

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.

A plaintiff filed a negligence lawsuit in Dallas County, Texas, alleging that on April 2, 2012, a defendant negligently operated a vehicle. The plaintiff claimed the defendant failed to yield while making a turn, causing a collision with the plaintiff's car. The plaintiff alleged injuries from the incident. The lawsuit was filed on April 1, 2014, in the District Court, 14th District Court, Dallas County, Texas. The parties later reached a settlement agreement on June 26, 2015. Under the terms, the plaintiff accepted $7,000 in full settlement of all claims. On July 9, 2015, the court entered an agreed order dismissing the case with prejudice based on the parties' joint motion.

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.