Texas Jury Issues Verdict in Rear-End Collision

In April 2005, a 48-year-old plaintiff driver was rear-ended by the defendant's vehicle while stopped at a stop sign. Liability for the collision was stipulated. The plaintiff contended that the impact was hard, pushing her vehicle several feet and causing her to be thrown forward and back. She alleged that she sustained a partially torn rotator cuff and a torn glenoid labrum, requiring arthroscopic surgery.

The plaintiff further claimed an aggravation of pre-existing neck and back injuries from a 1999 motor vehicle accident. She asserted that a previously bulging disc became a herniated disc with cord compression after the collision, leading to permanent pain and restricted movement in her shoulder, back, and neck despite surgical intervention. The plaintiff testified that her earlier neck and back injuries had significantly improved after chiropractic treatment.

The defendant disputed the extent and causation of the plaintiff's injuries, arguing that the plaintiff had made more significant complaints regarding her shoulder and disc injuries between the 1999 accident and the subject collision than she claimed in court. A biomechanical engineer, testifying for the defendant, concluded that the change in velocity of the plaintiff's vehicle was no greater than four miles per hour. The engineer stated that such an impact, with the protection of a seat back, headrest, and seatbelt, would not have caused body parts to exceed their normal physiological limits of motion, and that no sufficient load was applied to the plaintiff's right shoulder to cause the alleged tears. The defense also presented expert testimony from a neurologist and an orthopedist.

The provided record does not specify the final verdict, judgment, or settlement amount for this case.