Texas Jury Awards $367,100 in Rear-End Collision

A plaintiff filed a motor vehicle negligence lawsuit after her car was struck from behind at a traffic light by a vehicle driven by the defendant. The plaintiff's underinsured motorist carrier was also named as a defendant due to an underlying liability policy limit. The plaintiff contended her car was stopped at a red light, preparing to turn right, when the collision occurred. She testified that the impact dislodged her hearing aid.

The plaintiff's orthopedic surgeons testified that she sustained a herniated cervical disc from the collision, necessitating a cervical fusion. While the plaintiff returned to her employment and did not claim past lost wages, her physicians indicated future lost wages if the surgery proceeds. She also testified to a loss of enjoyment of previously held activities.

The defendant driver claimed the plaintiff was comparatively negligent, alleging her car entered the intersection from a slight upward slope while turning right on a red light, then stopped suddenly without apparent reason. The defendant's orthopedic surgeon testified that the plaintiff suffered from a degenerative cervical spine condition unrelated to the accident.

Following trial, the jury found the defendant driver 100% negligent and awarded the plaintiff $367,100. The case is currently on appeal.