Waco Jury Awards $35,000 After Left Turn Cyclist 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.

In Tarrant County, a plaintiff filed a lawsuit alleging negligence following a motor vehicle accident. The plaintiff claimed to have sustained bodily injuries, specifically soft tissue damage to the neck and back, as a result of the incident. A jury heard the case and delivered an 11-1 verdict in favor of the plaintiff. The jury found the defendant negligent and awarded damages totaling $2,226. This amount included $500 for past physical pain and mental anguish, and $1,726 for past medical care.

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 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.