Dallas, Texas Jury Awards $36,265 in Auto Negligence Retrial

On January 16, 2015, a vehicle collision occurred in Dallas, Texas, when the defendant, driving a 1999 Dodge Durango, changed lanes and struck a 2014 Volkswagen Jetta. The plaintiff driver and plaintiff passenger claimed neck, back, and knee injuries. The plaintiffs sued the defendant for negligence, alleging unsafe lane change, failure to maintain a single lane, and failure to keep a proper lookout. The case proceeded as a partial retrial on past medical expenses, after an original trial in January 2017 established the defendant's liability. The retrial was granted because the initial jury award for past medical bills was deemed inadequate.

During the retrial, the plaintiff driver sought $21,282.30 for past medical expenses, citing left knee pain, and cervical and lumbar disc bulges. The plaintiff passenger sought $13,524.10 for similar claims, including cervical and lumbar disc bulges and an osteophyte complex. Both plaintiffs received chiropractic treatment and underwent MRIs shortly after the accident. A chiropractor testified that their care was reasonable and necessary, and their injuries were caused by the collision.

The defense argued any injuries were unrelated to the minor impact, noting no ambulance or emergency room visits. The defense contended the plaintiff driver did not complain of knee pain immediately and suggested a subsequent home incident caused the knee injury. For the plaintiff passenger, the defense argued an osteophyte complex was pre-existing, though plaintiffs' counsel countered that the complex resulted from the accident. The defense was prohibited from disputing the reasonableness or necessity of the medical bills or treatment.

The jury awarded the plaintiffs $27,383.42 for past medical bills. The final judgment totaled $36,265.17, which included this award, the $3,000 in non-economic damages from the original trial, plus prejudgment interest and taxable costs.