Dallas Jury Finds Split Liability, Awards $335 in Rear-End Crash

On March 25, 2015, a motor vehicle collision occurred in Dallas, Texas, near the intersection of Webb Chapel Road and Webb Chapel Extension. The plaintiff alleged the defendant rear-ended her vehicle while she was stopped at a yield sign. The plaintiff claimed the defendant failed to yield the right of way. The defendant contended that both vehicles had stopped at the yield sign, and after the plaintiff moved forward, she stopped again without reason. The defendant stated she then rolled into the plaintiff's vehicle while looking for traffic, alleging the plaintiff was comparatively negligent. The plaintiff subsequently sued the defendant for negligent operation.

The plaintiff claimed injuries to her neck, back, right wrist, and right shoulder, later presenting with pain in her neck, back, left shoulder, left wrist, and chest, along with headaches. She was diagnosed with sprains and strains and underwent physical therapy, incurring $6,524 in past medical costs and $1,941 in vehicle repair costs. The plaintiff sought damages for past medical expenses, past pain and mental anguish, and past and future physical impairment and disfigurement. The plaintiff presented medical records and bills but did not call a medical expert.

The defense's accident reconstruction expert testified that the collision force was minimal, comparable to backing into a parking space, and noted negligible damage to the defendant's vehicle and no police report. The defense disputed the extent of the plaintiff's injuries and damages, arguing there was no evidence of impairment or disfigurement, and that the plaintiff's testimony regarding pain at the scene was inconsistent. After a three-day trial, the jury found the defendant 67 percent negligent and the plaintiff 33 percent negligent. The jury awarded $500, which was reduced to $335 due due to the plaintiff's comparative negligence.