Dallas Jury Awards $4,687 in Rear-End Collision

On February 15, 2014, a rear-end collision occurred on an exit ramp of southbound U.S. Highway 75 in Dallas, Texas. The plaintiff's 2013 Chevrolet Camaro was stopped in traffic when the defendant's 2009 Mercedes-Benz CLK-class coupe struck it from behind. A police report indicated the defendant failed to control speed. The plaintiff subsequently filed a lawsuit alleging the defendant was negligent, citing claims such as failing to control speed, failing to keep a proper lookout, and driving while using a cell phone. The defendant stipulated to liability for the accident on the first day of trial.

The plaintiff sought damages for neck, back, and shoulder injuries. After initial treatment at an emergency room, the plaintiff underwent 1.5 years of treatment for soft-tissue strains and sprains. The plaintiff claimed to have eventually undergone bilateral breast reduction surgery, asserting it was necessary to alleviate back pain resulting from the accident, which then led to an infection requiring a second operation. The plaintiff sought $17,148 for past medical expenses, along with unspecified amounts for past and future physical pain and mental anguish, past physical impairment, and past physical disfigurement, including scarring from the surgery.

The defense disputed the extent of the plaintiff's injuries and the necessity of the breast reduction surgery. A defense expert, an orthopedic surgeon, testified that there was no relationship between the plaintiff's complaints and breast size, and that the surgery was neither indicated nor related to the collision. The defense argued that only $4,437 in medical expenses, covering initial orthopedic visits and physical therapy, was reasonable. The defense also presented evidence of the plaintiff's post-accident travels and social media photos to challenge claims of activity limitations and visible scarring.

After a three-day trial, the jury deliberated for 2.5 hours before returning a 10-2 verdict. The jury awarded the plaintiff $4,687. This award included $4,437 for past medical costs and $250 for past physical pain and mental anguish, aligning closely with the amounts suggested by the defense for necessary treatment related to the accident. The two dissenting jurors reportedly sought to award zero damages.