Brazoria County Jury Awards $66,139 in Rear-End Collision

On June 26, 2017, a plaintiff driver and her two minor children were involved in a rear-end collision in Brazoria County. Their full-size pickup truck was struck by another full-size pickup, operated by a defendant driver in the course of his employment with a corporate defendant, and pushed into a sedan. The plaintiffs filed a lawsuit against the driver and the corporate defendant, alleging negligence in the operation of the vehicle. The defendants stipulated to liability.

The plaintiff driver claimed cervical and lumbar intervertebral disc protrusions, along with radiating pain and numbness. Her daughter was diagnosed with back sprains and strains, and her son with neck and back sprains and strains, also experiencing nightmares and difficulty sleeping following the accident. All three plaintiffs received emergency room treatment, followed by care from an orthopedic surgeon and physical therapy. The plaintiff driver also underwent epidural steroid injections and testified to ongoing pain and functional limitations. Plaintiffs' counsel sought over $170,000 in combined damages for medical expenses, pain and suffering, and physical impairment.

Defense counsel countered that the plaintiffs' injuries were not severe and their medical bills were inflated. A defense orthopedic expert opined that the plaintiff driver's injections were unnecessary, while a defense chiropractic expert stated her physical therapy was prolonged and costly. The defense also noted that the plaintiffs' orthopedic expert's website listed lower charges for similar services than those billed to the plaintiffs. The defense proposed significantly lower amounts for medical expenses and no future non-economic damages.

After a three-day trial and 3.25 hours of deliberation, the jury awarded the plaintiffs a total of $66,139. The plaintiff driver received $31,439 for past medical costs, $5,000 for past physical pain and mental anguish, and $2,500 for past physical impairment. The minor plaintiff daughter was awarded $10,000 for past medical costs, $5,000 for past physical impairment, and $5,000 for past physical pain and mental anguish. The minor plaintiff son received $7,200 for past medical costs.