Texas Jury Awards $81,072.42 in Cervical Strain Rear-End Collision

A 26-year-old corrections officer filed a lawsuit after he sustained a cervical strain in a rear-end collision on January 3, 1988. The incident occurred at 6:00 a.m. on a Sunday while the plaintiff's vehicle was stopped at a traffic light. The defendant conceded liability for the collision but disputed the extent and permanence of the plaintiff's injuries.

The plaintiff contended his cervical strain was causally related to the accident, resulting in headaches, neck pain, and difficulty turning his head. He asserted limitations in strenuous activity and lifting, leading to a three-month absence from work and $6,072.42 in lost wages. Co-workers testified to observing changes in the plaintiff's head movements and car operation. A treating rehabilitation and physical medicine physician suggested a cervical injury could be permanent if symptoms persisted beyond one year, while an expert internist noted cervical tenderness, tightness, restricted head movement, and inflammation.

The defendant argued the plaintiff sustained only a minor injury that was not permanent. The defense asserted that the plaintiff was not instructed by a physician to limit his activities and noted he missed only one day of work subsequent to his initial three-month absence.

On August 2, 1990, the jury found in favor of the plaintiff. The plaintiff was awarded $6,072.42 for lost wages and $75,000 for pain and suffering.