Bexar County Jury Awards $45.3 Million in Rear-End Collision

In 2015, a motor vehicle collision occurred on I-35 in San Antonio, Texas. The plaintiff, then 35, was in stop-and-go traffic when a company SUV, driven by an employee, rear-ended her vehicle and pushed it into the median. The plaintiff sustained severe injuries to her neck, back, and shoulder, later undergoing surgery to treat her neck injury.

The plaintiff filed a negligence lawsuit in Bexar County against the driver and his employer, an oilfield services company. The suit alleged motor vehicle negligence and sought damages for medical expenses, past and future physical pain and suffering, disfigurement, lost earning capacity, and physical impairment. The defendants denied liability, asserting that abrupt traffic conditions caused the collision.

At trial, the plaintiff contended the defendant driver was using a cell phone immediately before and frequently in the months leading up to the collision. The plaintiff also argued the employer was negligent for maintaining conflicting cell phone policies, which allegedly allowed executives to use phones while driving despite awareness of studies linking such use to impaired driving levels. Regarding damages, the plaintiff presented testimony indicating a need for future surgeries and potential difficulties with future employment due to her injuries.

After nearly three weeks of trial, a Bexar County jury returned a unanimous finding of negligence and gross negligence against the defendants. The jury awarded the plaintiff $45.3 million in damages, which included $7.25 million for past and future physical pain and mental anguish, and $32.5 million in punitive damages.