Texas Jury Awards $98,000 in Rear-End Collision

On November 30, 2015, a rear-end collision occurred on Memorial Drive near Woodcroft Drive, when the defendant driver's vehicle struck the plaintiff's vehicle. The incident resulted in damage to the plaintiff's vehicle and personal injuries to the plaintiff.

The plaintiff filed a complaint on November 20, 2017, against the defendant driver and a defendant insurer. The complaint alleged the defendant driver failed to use due care, keep a proper lookout, was following too closely, and failed to exercise ordinary care. The plaintiff claimed negligence per se and that the driver's actions were willful, wanton, or demonstrated conscious indifference. The plaintiff sought damages exceeding $37,499.00 for injuries, medical expenses, and other losses.

In response, the defendants filed defenses on December 26, 2017, arguing the plaintiff's failure to state specific items of special damages barred recovery and that the insurer was entitled to reductions to prevent duplication of benefits. They also contended the complaint failed to state a theory for attorney's fees or punitive damages. On February 11, 2018, the defendants further argued the complaint failed to state a claim upon which relief could be granted. The case proceeded through discovery.

The case went to trial, and on August 21, 2019, a jury found in favor of the plaintiff. The jury awarded total damages of $98,000.00, with $48,000.00 specifically designated as general damages. The court formally entered the jury verdict against both the defendant driver and the defendant insurer on August 27, 2019.