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

In 2015, a plaintiff's vehicle was rear-ended in stop-and-go traffic on I-35 in San Antonio, Texas. The incident occurred when a defendant company employee, driving a company SUV, collided with the plaintiff's car, pushing it off the road into the median. The plaintiff, 35, sustained severe neck, back, and shoulder injuries, requiring surgery for a neck injury.

The plaintiff filed a lawsuit in Bexar County against the defendant company and its driver, alleging motor vehicle negligence. The plaintiff sought damages for medical expenses, physical pain and suffering, disfigurement, lost earning capacity, and physical impairment. The plaintiff argued the defendant driver was using a cell phone immediately before the collision and had a history of heavy cell phone use while driving. The defendant denied fault, attributing the crash to abrupt traffic conditions.

At trial, the plaintiff also argued the defendant company was negligent due to conflicting cell phone policies, including allowing executives to use phones while driving despite knowledge of associated risks. The plaintiff contended the company failed to share this knowledge with employees. Regarding damages, the plaintiff presented testimony about the need for future surgeries and potential difficulties securing employment due to the injuries.

After nearly three weeks of trial, a Bexar County jury returned a unanimous finding of negligence and gross negligence against both 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.