Austin Jury Finds Negligence, Awards $5,589 in Left-Turn Collision

On August 12, 2013, a collision occurred in Austin when a defendant operating a compact pickup truck attempted a left turn into a parking lot from an oncoming lane. The plaintiff, driving a sedan, struck the truck's front fender. The plaintiff subsequently filed a lawsuit, alleging the defendant failed to yield the right of way and made an unsafe left turn, noting the parking lot entrance was angled for traffic on the plaintiff's side of the road.

The plaintiff claimed neck and back sprains and strains, as well as tenosynovitis in the right wrist. Medical treatment included massage, physical therapy, and wearing a wrist cast. The plaintiff sought damages for past and future medical expenses, past and future physical pain and mental anguish, past and future physical impairment, and a claimed diminution in the vehicle's value.

The defendant denied negligence, contending the plaintiff was driving too fast. The defense also disputed the vehicle's diminished value, presenting evidence that the plaintiff had posted on social media about "hooning" the car. Furthermore, the defense introduced a medical record indicating the plaintiff's wrist soreness might have resulted from turning a wrench, challenging the claim that the wrist injury was solely accident-related.

After a one-day trial and three hours of deliberation, a jury found the defendant negligent. The jury awarded the plaintiff $5,589. The award included amounts for past medical costs, future medical costs, past and future physical impairment, past physical pain and mental anguish, and diminution in value. However, the award did not include damages for future physical pain and mental anguish.