Dayton, Texas Jury Awards $3,000 in Rear-End Collision

On October 31, 2007, a collision occurred in Dayton, Texas, when the plaintiff, an attorney, stopped his sport utility vehicle at a red light on Highway 90 at State Highway 321. The defendant, driving a mid-size sedan, rear-ended the plaintiff's vehicle. The plaintiff subsequently claimed back injuries and filed a lawsuit, alleging the defendant was negligent for failing to maintain a proper lookout, control speed, and brake in time. The defendant admitted fault for the accident, stating she mistakenly believed the light had turned green.

The court granted the plaintiff's motion for summary judgment on liability. The case proceeded to a jury trial in early 2015, which resulted in a zero-damage award. The plaintiff successfully moved for a new trial, and the case was tried again. The plaintiff claimed a herniated disc at L1-2, asserting it resulted from the accident despite a prior history of back problems in a different spinal area. The plaintiff underwent surgery and sought over $790,000 in damages, including medical expenses, past and future lost earning capacity, and physical pain and mental anguish, with testimony from an orthopedic surgeon and an economics expert.

The defense denied that the plaintiff's injuries were caused by the collision, emphasizing the plaintiff's 20-year history of lower back complaints and noted gaps in treatment records. The defense argued the impact was minor, presenting photos of minimal damage to the plaintiff's vehicle and highlighting that the plaintiff did not complain of injury at the scene. Cross-examination of the plaintiff's experts challenged the orthopedic surgeon's reliance on the plaintiff's history and the economist's methodology for calculating lost earnings.

After a five-day trial and over five hours of deliberation, the jury in the second trial found the defendant negligent. However, the jury awarded the plaintiff $3,000 solely for past physical pain and mental anguish. Defense counsel attributed the modest award to the defendant, whom he described as a likable witness.