Denton Jury Finds Negligence in Failure to Yield Collision, Awards $5,308.86

On July 3, 2012, in Denton, Texas, two vehicles collided at the intersection of Bell Street and Hickory Street. The plaintiff was driving southbound on Bell Street, and the defendant was driving northbound. Both drivers had a green light, and the collision occurred when the defendant attempted a left turn. The defendant received a ticket for failure to yield the right of way.

The plaintiff subsequently sued the defendant, alleging negligent failure to yield the right of way and maintain a proper lookout. The plaintiff claimed the defendant did not stop before turning, was on a cell phone, and admitted fault at the scene. The plaintiff reported a nondisplaced fracture of the left ulnar styloid and an aggravation of a pre-existing left wrist injury from 2006. Medical bills totaled $3,308.86, and the plaintiff sought additional damages for past and future pain, impairment, and disfigurement, reporting ongoing difficulty with daily activities.

The defendant denied negligence, asserting that she had stopped and signaled before turning. The defendant stated she inched forward slowly, believing the intersection was clear due to a large truck, and contended the plaintiff "came out of nowhere." The defendant denied being on a cell phone or admitting fault. The defense also argued the plaintiff had recovered well, noting the plaintiff had not seen a doctor since September 2012.

After a two-day trial, a jury found the defendant solely negligent. The jury awarded the plaintiff $5,308.86, which included $3,309 for past medical costs, $1,000 for past physical impairment, and $1,000 for past physical pain and mental anguish.