Dallas Jury Finds Negligence in Motor Vehicle Collision, Awards $4,240

A passenger filed a lawsuit in Dallas after a two-vehicle collision on July 23, 2015. The incident occurred when the driver of the vehicle carrying the plaintiff, turning right on a red light, collided with another sedan on the feeder road of Highway 75. The plaintiff, who claimed neck and back injuries, alleged negligence against both drivers for their operation of their respective vehicles.

The plaintiff contended that her driver failed to keep a proper lookout, failed to yield the right of way, and made an unsafe lane change. Her counsel asserted this driver was 90 percent responsible. The other driver testified he was making a left turn with a green arrow and that the plaintiff's vehicle struck his during an improper lane change, arguing that the plaintiff's driver was solely at fault. The plaintiff claimed various injuries, including disc herniation and radiculopathy, undergoing physical therapy and seeking pain management, ultimately requesting approximately $9,740 for past medical expenses and additional damages for pain and suffering.

A defense expert, a chiropractor, submitted an affidavit asserting that the plaintiff's treatments were unnecessary. The expert noted vehicle photos showed minimal damage, suggesting a minor impact, and questioned the severity of the plaintiff's reported pain levels given the lack of objective injury findings and the absence of an ambulance or emergency room visit. The expert also criticized the treating chiropractor's multiple diagnoses and early MRI order.

The jury found negligence and proximate cause solely against the plaintiff's driver. The plaintiff was awarded $4,240, which included $3,240 for past medical costs and $1,000 for past physical pain and suffering. The jury found the other driver not liable, and the plaintiff received no award from that defendant.