Dallas County Jury Awards $671 in Motor Vehicle Negligence

In March 2012, a motor vehicle incident occurred in Dallas, Texas, when a driver backed a larger vehicle into the plaintiff's smaller vehicle at a T-intersection on Glasgow Avenue and Gaston Avenue. The defendant had initially pulled out from a stop sign, then backed up to avoid cross-traffic, colliding with the plaintiff's vehicle that had stopped behind. The plaintiff, a construction worker, subsequently filed a negligence lawsuit, alleging he sustained low back injuries requiring medical treatment and resulting in lost wages. Neither party called law enforcement or an ambulance to the scene.

The plaintiff contended the defendant was negligent for failing to see the vehicle behind before reversing. Evidence included photographs of the plaintiff's vehicle damage and testimony about permanent injuries, supported by MRI findings of disc herniations and past medical expenses totaling $19,621. The defendant denied negligence, asserting a sudden emergency defense. The defendant testified to checking rearview mirrors before backing up, not seeing the smaller vehicle, and acting to prevent a collision with oncoming traffic. The defense presented evidence showing no damage to the defendant's vehicle and argued that the plaintiff's vehicle had pre-existing damage.

During the trial in Dallas County, Texas, which began in June 2015, the defense also challenged the causation and necessity of the plaintiff's medical treatment. Defense counsel presented expert affidavits and medical records suggesting the plaintiff's low back issues, including osteoarthritis, were pre-existing and unrelated to the collision. The jury, in a 10-2 decision, awarded the plaintiff $671, which included $471 for past medical damages and $200 for lost wages. The modest award, significantly less than the claimed medical expenses, indicated the jury largely sided with the defense regarding the extent and cause of the plaintiff's alleged injuries.