Dallas Jury Finds Negligence in Rear-End Collision, Awards $11,500

On September 17, 2014, a 61-year-old registered nurse, the plaintiff, was driving in stop-and-go traffic on Highway 75 in Dallas when a sports car, driven by the defendant, rear-ended her sedan. The impact caused the plaintiff's vehicle to strike a car ahead. The plaintiff reported immediate injuries to her neck, back, shoulder, and hand, and subsequently filed a lawsuit alleging the defendant's negligent operation of his vehicle.

The defendant admitted looking to his right and then braking before the collision when he observed the plaintiff slowing or stopping. Defense counsel argued that if the defendant was looking right to change lanes, his actions were reasonable and did not constitute negligence. The plaintiff sought treatment for headaches, sprains and strains to her neck, back, and right shoulder, decreased range of motion, and hand numbness. She underwent physical therapy, CT scans, and X-rays, though bills and records for later treatments were excluded from evidence due to untimely production during discovery.

The defense emphasized that the plaintiff waited approximately 20 days post-accident to begin physical therapy and questioned the plaintiff's departure from the emergency room before official release. The plaintiff, who claimed her right shoulder still caused her difficulty at work, had sought approximately $23,400 in damages for past medical expenses, physical pain, suffering, and impairment. After a one-day trial in Dallas, a jury deliberated for 45 minutes and found the defendant negligent. The jury awarded the plaintiff $11,500, specifically allocating $7,500 for past medical costs, $2,000 for past physical impairment, and $2,000 for past pain and suffering.