Dallas Jury Finds Negligence in Rear-End Collision, Awards $12,100

On May 16, 2015, a delivery driver, the plaintiff, was operating a Cadillac SRX SUV east on Lovers Lane in Dallas, Texas, when her vehicle was rear-ended. The collision occurred as the plaintiff was stopped or slowing for a red light at Devonshire Drive. The defendant, driving a Lexus RX 350 SUV, struck the plaintiff's vehicle, pushing it into the car ahead. The plaintiff claimed neck, back, and shoulder injuries.

The plaintiff filed a lawsuit alleging the defendant was negligent by failing to maintain a proper lookout, control speed, or brake effectively. The plaintiff asserted her vehicle was stationary when the impact occurred. The defendant denied negligence, testifying that the plaintiff's vehicle slowed suddenly, and her brakes failed. The defendant had also reported brake failure to police at the scene. However, inconsistencies emerged between the defendant's trial testimony and her prior deposition regarding the plaintiff's vehicle being stationary.

The plaintiff sought approximately $6,087 for past medical bills, along with damages for lost earning capacity, pain and suffering, and physical impairment. The presiding judge ruled that the defense could not challenge the reasonableness or necessity of the plaintiff's medical bills during trial, limiting the defense to stating the jury could award a different amount if they found bills excessive.

After a one-day trial and 1.5 hours of deliberation, the jury found the defendant negligent and awarded the plaintiff $13,200. This award included $6,100 for past medical costs, $2,100 for past lost earning capacity, and $5,000 for past physical pain and suffering. Post-trial, the parties stipulated to reduce the lost earning capacity award from $2,100 to $1,000, resulting in a final judgment of $12,100.