Duncanville Jury Awards $19,190 in Failure to Yield Collision

On August 29, 2012, a 55-year-old cabinet maker was driving a sport utility vehicle northbound on South Clark Road in Duncanville when a sedan, approaching from Commons Gate Street, entered the intersection. The sedan's driver, who faced a stop sign, attempted to cross South Clark Road. The plaintiff's vehicle, which did not have a stop sign, struck the left side of the sedan. The plaintiff sustained back and neck injuries.

The plaintiff sued the sedan's driver for negligently failing to yield the right of way and keep a proper lookout. The owner of the sedan was also sued for negligent entrustment but was dismissed from the case on the morning of the trial. The defendant driver, who was not present at trial, testified in a deposition that a van in the right lane had obstructed views of the intersection. The defendant also contended that the sedan was nearly across the northbound lanes at the time of impact and that the plaintiff, driving in the middle lane, should have been able to avoid the collision.

The plaintiff claimed 3-millimeter disc protrusions at C5-6 and L5-S1, supported by MRI results, and sought $14,190 for past medical bills, as well as damages for pain, anguish, and impairment. The defense argued that any injuries were attributable to the plaintiff's heavy labor job, that treatment and charges were excessive, and that MRIs were unnecessary. The defense further noted that the plaintiff's treatment providers had shared ownership and had not been paid for their services, implying a financial interest in the case's outcome.

A jury found only the defendant driver negligent and awarded the plaintiff $19,190. The jury also assigned 20 percent comparative responsibility to the plaintiff, despite not finding the plaintiff negligent; this finding had no effect on the final award.