Dallas Jury Awards $299,109 in Rear-End Collision

On June 20, 2016, the plaintiff, a 35-year-old material handler, was driving north on Riverfront Boulevard in Dallas when his pickup truck was rear-ended by a cement mixer. The incident occurred while the plaintiff was stopped at a traffic light. The cement mixer was owned by the defendant company, Buffalo Concrete. The plaintiff alleged the defendant's driver was negligent in failing to keep a proper lookout, control speed, and brake, as well as for following too closely. The defendant stipulated to liability, and the case proceeded on the issue of damages.

The plaintiff claimed neck, back, and knee injuries, including strains, sprains, a disc protrusion, and radicular pain. He underwent a year of consistent physical therapy and chiropractic care, followed by various injections and radiofrequency thermocoagulation treatments. A pain management expert testified for the plaintiff, stating that the medical treatments and their costs were reasonable, necessary, and related to the collision. The plaintiff sought compensation for past and future medical expenses, as well as for past and future physical pain, mental anguish, and physical impairment.

The defense presented an orthopedic surgeon who testified that the plaintiff's injuries were limited to strains, sprains, and a mild knee contusion. The defense expert opined that several medical procedures, including MRIs and injections, were not indicated or were excessively priced. Defense counsel argued that the plaintiff's ongoing complaints were either job-related or degenerative and unrelated to the accident. A defense chiropractor also contended that the treating chiropractor's bills were excessive.

Following a four-day trial and five hours of deliberation, a Dallas jury awarded the plaintiff $299,109. The award encompassed past medical costs, future medical costs, past and future physical impairment, and past and future pain and mental anguish.