Amarillo Jury Finds Negligence, Awards $4,433.55 in Failure to Yield Crash

On April 20, 2015, a collision occurred at the intersection of Fulton Road and Danbury Road in Amarillo, Texas. A driver operating a 2008 Dodge Caliber proceeded from a stop sign and collided with a 2009 Chevrolet HHR traveling west on Fulton Road. The police report identified the Dodge Caliber driver's failure to yield as a contributing factor. The driver of the Chevrolet HHR subsequently filed a lawsuit alleging negligence.

The plaintiff alleged the defendant failed to keep a proper lookout, yield the right of way, and avoid the collision. The plaintiff claimed multiple injuries, primarily an unresolved left knee injury that she stated impacted her ability to pursue dancing, a planned college major. She also sought damages for other resolved injuries to her neck, shoulder, hip, and ankle. The plaintiff requested approximately $50,000 to $60,000 for past medical bills, lost earning capacity, future medical expenses, and pain and impairment.

The defense argued the plaintiff was also at fault for failing to maintain a proper lookout and for driving at an excessive speed of 29 mph near a high school. The defense further contended the knee injury was a pre-existing condition and highlighted a year-long gap in the plaintiff's medical treatment to dispute causation and severity. Following a two-day trial, the jury found both parties negligent, assigning 55 percent of the fault to the defendant and 45 percent to the plaintiff. The jury awarded the plaintiff $8,061, which was reduced to $4,433.55 based on comparative fault. The final judgment, including prejudgment interest and costs, totaled $5,994.18.