Dallas County Jury Awards $159,034 in Rear-End Collision

In September 2012, a rear-end collision occurred in Dallas County when the plaintiff driver, a 70-year-old retiree, slowed her sedan for a tire tread in the roadway. The defendant driver, operating a pickup truck within the scope of his employment with the corporate defendant, subsequently rear-ended the sedan, causing it to spin twice and exit the road. The plaintiff driver sustained head and neck injuries, and the plaintiff passenger, in his late 40s, claimed soft-tissue injuries. The plaintiffs filed a lawsuit against the defendant driver and the corporate defendant, alleging negligence including failure to keep a proper lookout, control speed, and brake in time. An individual corporate president was initially named but later nonsuited.

The plaintiffs contended that the defendant driver was negligent and inconsiderate after the accident, noting he prioritized checking his own truck and dog before approaching their vehicle. They claimed the plaintiff driver was trapped inside her vehicle and that the defendant driver merely stated an ambulance was en route before returning to his truck. The plaintiff driver, who was admitted to the hospital a few days after the incident due to disorientation, claimed post-concussion syndrome and sought non-economic damages for past and future physical pain, mental anguish, and physical impairment. The plaintiff passenger sought damages for past medical bills totaling $9,034.

The defense denied negligence, arguing the accident was unavoidable. The defendant driver contended that the plaintiff driver braked unexpectedly and that he reacted reasonably to avoid the collision. He also denied being rude, stating he called an ambulance and observed no apparent injuries when he approached their vehicle. The defense further disputed that the accident caused the plaintiff driver's injuries, pointing to negative diagnostic tests for both plaintiffs and suggesting a pre-existing heart condition might have caused her symptoms.

Following a trial, a jury found the defendant driver negligent. The jury, in a 10-2 poll, awarded the plaintiffs $159,034. This total included $9,034 for the plaintiff passenger's past medical costs and $150,000 for the plaintiff driver's non-economic damages, encompassing past and future physical impairment, and past and future physical pain and mental anguish.