Dallas Jury Awards $24,862.23 in Rear-End Collision

On July 27, 2013, a remodeling contractor was driving a pickup truck on Dolphin Road in Dallas when a driver, working for a painting company, rear-ended the contractor's vehicle at a red light. The contractor claimed multiple injuries and subsequently sued the driver for negligence, alleging failure to maintain a proper lookout, control speed, and avoid the collision. The painting company was initially named in the lawsuit but was later removed from the case. The defendant driver did not strongly dispute liability at trial.

The plaintiff claimed various injuries, including disc bulges, back and neck strains, muscle spasms, headaches, chest wall pain, and torn menisci in the right knee. The plaintiff underwent chiropractic treatment and physical therapy, with medical records indicating an MRI-confirmed knee tear and later disc bulges. Testimony suggested the plaintiff's ability to perform job duties was impaired, necessitating the hiring of a laborer. The plaintiff sought damages for past medical expenses, lost earning capacity, and past and future pain and impairment.

The defense contended that the incident was a minor, low-speed collision, emphasizing that no police were called and no airbags deployed. The defense argued that the plaintiff failed to prove the claimed injuries resulted from the accident, suggesting any conditions were degenerative or pre-existing, noting prior knee surgery. They also questioned the necessity and relationship of some treatments to the incident, highlighting that the plaintiff was released from initial care with a good prognosis and was not taken off work by providers.

After a two-day trial, a Dallas jury found the defendant negligent. The jury awarded the plaintiff $24,862.23, which included damages for past medical costs, past physical impairment, past physical pain, and past loss of earning capacity.