Dallas Jury Finds No Gross Negligence, Awards $1,500 in Rear-End Crash

In May 2008, a plaintiff was driving on the Stemmons Freeway in Dallas when their vehicle was rear-ended by a vehicle operated by the defendant. The plaintiff sustained neck, arm, and shoulder injuries and subsequently filed a lawsuit alleging the defendant was grossly negligent, having been distracted by a cell phone at the time of the collision. The plaintiff sought damages for future medical expenses, past and future pain and suffering, mental anguish, physical impairment, and past medical expenses.

The defendant stipulated to liability but denied gross negligence, disputing the extent of the plaintiff's claimed damages. The defense argued that while the plaintiff's initial 60 days of medical care were reasonable, subsequent treatment was unnecessary. The defense presented evidence that the plaintiff had successfully applied for a physically demanding job, contradicting claims of severe, long-term physical impairment. A treating chiropractor testified for the plaintiff about a contused spinal cord and ongoing treatment needs, but acknowledged signing return-to-work letters at the plaintiff's request.

The case first went to trial in 2012, resulting in a verdict for the plaintiff. However, the defendant successfully appealed the verdict to the 5th Court of Appeals of Dallas, arguing the jury instructions on medical bills were unjust. The matter was remanded for a retrial in Dallas County Court. The plaintiff did not appear at the retrial, and testimony from the initial trial was read via transcript. After a four-day trial and two hours of deliberation, the jury found no gross negligence on the part of the defendant and awarded the plaintiff $1,500 for past pain and suffering only.