Dallas Jury Awards $257,975 in City Truck Collision

In April 2018, two passenger plaintiffs, a 57-year-old and a 63-year-old, were riding in a sport utility vehicle driven by their daughter in Dallas. The SUV collided with a city garbage truck, driven by a municipal employee, that was collecting trash along a residential street. The police report indicated the SUV driver failed to give half of the roadway. Both passenger plaintiffs claimed neck and back injuries following the incident.

Initially, the SUV driver sued the municipal employee and the city. Subsequently, the passenger plaintiffs and a minor passenger also sued the SUV driver, the municipal employee, and the city, alleging negligence in operating the vehicles. Prior to trial, the SUV driver's claims were resolved or nonsuited. The passenger plaintiffs nonsuited their claims against the municipal employee, and then, along with the minor plaintiff, settled with the city for $135,000. The minor plaintiff also settled with the SUV driver during the trial for an undisclosed amount. The claims of the two passenger plaintiffs against the SUV driver proceeded to a jury.

During the two-day trial, the police report, which indicated the SUV driver was 11 feet from the north curbline at impact, was admitted into evidence after the investigating officer testified. The defendant SUV driver contended that she was close to the north curbline and that the city's garbage truck came into her lane. Attorneys for the defendant SUV driver also highlighted prior deposition testimony where the passenger plaintiffs stated the police report was incorrect and the accident was not the SUV driver's fault. The passenger plaintiffs sought compensation for past medical expenses, with one seeking over $66,000 and the other over $47,000. They also sought significant future medical expenses, including potential surgery, and non-economic damages for pain and impairment, with testimony from experts in life care planning and pain management.

After 3.75 hours of deliberation, the jury returned a verdict. It found both the city and the SUV driver negligent. The jury assigned 80 percent comparative responsibility to the city and 20 percent to the SUV driver. The jury awarded the passenger plaintiffs a total of $257,975.70 in damages for past medical costs, future medical costs, past physical impairment, and past physical pain.