Texas Jury Finds Negligence, Awards $125,000 in Rear-End Collision

A plaintiff, a back seat passenger, filed a lawsuit alleging a rear-end collision occurred when the defendant's vehicle struck the host automobile while it was stopped at a red light. The defendant driver, the owner's daughter, denied that contact between the vehicles had occurred. The plaintiff contended that a verbal argument at the scene between the defendant driver and the occupants of the plaintiff's car served as evidence of the collision. The defendant driver acknowledged the argument but stated that no one had left their vehicles.

The plaintiff was transported by ambulance for neck pain and was released from the hospital. Approximately two months later, the plaintiff underwent MRIs, which purportedly showed herniation and bulges. The plaintiff argued that he had been previously asymptomatic and that the defendant was responsible for these injuries. The defendant maintained that the plaintiff's injuries were limited to soft tissue and had resolved, attributing any subsequent difficulties to the natural progression of degenerative disc disease. The plaintiff did not make any income claims as he was not working at the time of the incident.

A jury found the defendant 100% negligent and awarded $125,000 in damages, including $50,000 for past pain and suffering and $75,000 for future pain and suffering. The plaintiff ultimately received $100,000, which represented the policy limits.