Wichita Falls Jury Awards $5,500 in Parking Lot Accident

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.

An individual filed a negligence lawsuit following a rear-end collision that occurred on October 25, 2011, in Houston, Texas. The plaintiff, a 36-year-old mechanic, was stopped at the intersection of Wallisville Road and Main Street, waiting to make a left turn, when the defendant's vehicle struck the rear of the plaintiff's car. The plaintiff alleged the defendant was negligent by failing to control speed, maintain a proper lookout, and properly apply brakes. The plaintiff claimed the collision caused injuries to his cervical, thoracic, and lumbar spine, including disc bulges and a disc protrusion. The defendant denied all allegations of negligence and injury, asserting that the plaintiff's own comparative or contributory negligence caused the accident. A jury found the defendant negligent and awarded the plaintiff $9,020 in compensatory damages.

A plaintiff driver filed a negligence lawsuit against a defendant driver following a rear-end collision. The incident occurred when the defendant, operating a sedan, struck the rear of the plaintiff's minivan. The plaintiff alleged the collision resulted in neck and back injuries, specifically cervical and lumbar sprain/strain, and headaches. The plaintiff underwent conservative medical care and claimed medical expenses totaling $11,711, seeking damages. The defendant denied liability, also disputing the causation and extent of the plaintiff's alleged injuries and damages. The matter proceeded to trial. After deliberating, the jury returned a verdict in favor of the plaintiff. The jury awarded the plaintiff $6,412 in damages.

A plaintiff filed a lawsuit alleging negligence after a defendant's vehicle struck the plaintiff's automobile, causing the rear window to shatter. The plaintiff claimed to suffer neck and back injuries, diagnosed as cervical and lumbar sprain/strain, and reported ongoing back spasms and pain despite physical therapy. The defendant denied the negligence allegations, disputed liability, and challenged the nature, extent, and damages associated with the plaintiff's alleged injuries. The case proceeded to trial in Texas. Following deliberations, the jury returned a verdict in favor of the plaintiff, awarding $16,500 in damages.

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.