Texas Jury Awards $100,000 in Multi-Vehicle Rear-End Collision

A plaintiff, then 29 years old, sought damages after a multi-vehicle rear-end collision. The incident occurred when the plaintiff's car was stopped at a red light and was struck from behind by a vehicle driven by the defendant Grover. A third vehicle, driven by the defendant Fortney, then impacted the defendant Grover's car, pushing it into the plaintiff's vehicle for a second impact. The plaintiff sustained a disc herniation at the C5-C6 level, which required a cervical laminectomy with disc excision and fusion. The plaintiff also alleged an aggravation of a pre-existing shoulder injury and claimed these injuries limited his employment as an insurance sales agent.

The plaintiff filed suit against the defendant Grover, and against the defendant Fortney and the third vehicle's owner, alleging negligence. The defendant Grover admitted negligence. The defendant Fortney contended he could not avoid the collision when the defendant Grover's vehicle stopped short. Both defendants disputed the causal relationship between the accident and the plaintiff's reported injuries, as well as any alleged loss of earning capacity. The plaintiff's neurosurgeon testified that the disc herniation resulted from the accident, while the defendants' neurosurgeon opined it was unrelated. The defense also argued that a prior, more serious high-speed accident nine months earlier was the cause of the plaintiff's condition.

A jury found the defendant Grover 100% negligent. The jury determined the plaintiff sustained a permanent injury as a result of the accident and awarded $100,000 in damages. This award included $50,000 for economic damages and $50,000 for pain and suffering. A collateral source set-off of $35,580 was applicable.