Fort Bend County Jury Awards $28,016 in Pedestrian Accident

A pedestrian was struck and injured by a trailer at a warehouse near W. Belfort in Fort Bend County, Texas, in August 2020. The trailer had been pushed by a Chevrolet Trailblazer driven by an individual defendant.

The plaintiff filed a lawsuit alleging the defendant driver was negligent in backing out of a parking spot unsafely, failing to yield the right of way, and disregarding the presence of pedestrians. The plaintiff sought damages for past and future medical expenses, physical pain, and mental anguish. The plaintiff later amended the petition to add a vicarious liability claim against 3M Automotive, LLC, alleging the driver was acting within the scope of employment at the time of the incident.

The defendant driver asserted defenses including assumption of risk and contributory negligence, arguing the plaintiff was negligent for remaining in an area reserved for moving traffic. The defendant driver also claimed a third party's wrongfully parked vehicle caused the incident.

In March 2023, a jury found the defendant driver negligent and determined he was acting within the scope of his employment with 3M Automotive, LLC. The jury found the plaintiff was not negligent. The court subsequently rendered judgment for the plaintiff against 3M Automotive, LLC, awarding $25,000 in actual damages, $2,562.50 in prejudgment interest, and $454.07 in court costs, totaling $28,016. The actual damages included compensation for past medical care and past physical pain and suffering. The plaintiff's motion to dismiss the claims against the individual defendant with prejudice was granted in December 2023, concluding the case.