Texas Jury Awards $129,894 in Rear-End Collision

A plaintiff was awarded $129,894 following a motor vehicle accident in which the plaintiff's stopped vehicle was rear-ended by the defendant's vehicle. The plaintiff alleged the defendant failed to maintain a proper lookout and an assured clear distance, leading to the collision. The plaintiff claimed the incident caused bulging cervical discs at C4-C5 and C5-C6, resulting in arm numbness and tingling, and necessitated emergency room treatment, primary care, and chiropractic intervention.

The defendant contended the plaintiff exaggerated the injuries and that the chiropractic care was unnecessary. Although the plaintiff incurred approximately $10,000 in medical expenses, including $8,000 for chiropractic care, these were paid by health insurance and not presented to the jury. The jury's award was specifically for pain and suffering.

After two hours of deliberation, a State Court jury returned the verdict for the plaintiff. According to counsel, the plaintiff's credibility significantly influenced the outcome. Expert testimony from a neurologist indicated the plaintiff suffered a 30% permanent partial disability and would require corrective surgery, estimated between $30,000 and $40,000. However, the plaintiff testified to preferring to endure pain over surgery, citing unsuccessful outcomes for others. The defendant's counsel indicated an intent to file post-trial motions.