Brenham, Texas Jury Awards $17,105 in Intersection Collision

In July 2015, a collision occurred in Brenham, Texas, at an intersection where State Highway 105 transitions into Academy Street. The plaintiff, a laborer, was driving a pickup truck southwest on State Highway 105. The defendant was driving a sport utility vehicle east on Academy Street. The defendant faced a stop sign, while the plaintiff did not. After stopping, the defendant proceeded straight, and the plaintiff initiated a left turn, leading to a collision. The plaintiff reported neck and back injuries. The plaintiff later sued the defendant, alleging negligent failure to yield the right of way and running a stop sign. An initial claim against the entity believed to own the defendant's vehicle, alleging negligent entrustment, was later voluntarily dismissed.

The plaintiff argued that the defendant was solely responsible for the accident. The plaintiff claimed significant neck and back injuries, including herniated discs identified through MRI scans, necessitating treatment with a chiropractor and pain management specialist, including epidural steroid injections. The plaintiff sought compensation for past medical expenses and noneconomic damages for pain, mental anguish, and physical impairment. While the plaintiff had experienced lower back pain from a prior accident a year earlier, the plaintiff maintained that those symptoms had largely resolved before the current incident.

The defendant countered that the intersection's layout was confusing and that the plaintiff contributed to the collision by making an unsafe left turn directly into the defendant's path. The defense questioned the credibility and causation of the plaintiff's claimed injuries, highlighting inconsistencies in testimony and noting that the plaintiff had been referred to a chiropractor by a lawyer. The defense also pointed to the plaintiff's prior accident and a previous doctor's assessment that further injections might be needed for the earlier injury.

After a two-day trial and two hours of deliberation, the jury found both parties negligent. The jury attributed 70 percent of the responsibility to the defendant and 30 percent to the plaintiff. The jury awarded the plaintiff $24,437 in damages. Following the reduction for comparative fault, the final judgment amount awarded to the plaintiff was $17,105.90, which also included taxable costs and prejudgment interest.