Texas Jury Awards $28,802 for Permanent Injury in Rear-End Crash

A plaintiff filed a motor vehicle action following a rear-end collision, seeking damages for injuries including an inguinal hernia. The defendant did not contest liability for the accident but disputed whether the collision caused the plaintiff's hernia and whether any injuries sustained were permanent. The plaintiff, a 37-year-old male, was initially treated for neck and back pain at an emergency room following the accident. Three days later, he returned with abdominal pain and was diagnosed with an inguinal hernia.

The plaintiff contended the hernia resulted from the accident, requiring surgical repair, and that the resulting surgical scar constituted a permanent injury sufficient to meet the tort threshold. The surgeon who performed the hernia repair, however, opined that the indirect inguinal hernia was congenital and unrelated to the collision. The defendant also noted no hernia diagnosis was made immediately after the accident, despite an abdominal CT scan. An orthopedic surgeon testifying for the defendant stated that any soft tissue injuries the plaintiff sustained in the accident had since resolved.

A jury found that the plaintiff sustained a permanent injury as a result of the accident. The jury awarded the plaintiff $28,802, which included $14,252 for past medical expenses, $4,550 for past lost wages, and $10,000 for past pain and suffering.