Fort Bend County Jury Awards $55,001 in Motor Vehicle Negligence

On October 3, 2017, a collision occurred on Katy Flewellen Road in Fort Bend County, Texas. The driver of a 2016 Honda Pilot, traveling southwest bound, failed to yield the right of way while turning left at the intersection with Lakes Road, colliding with a 2018 Volkswagen Jetta traveling northeast bound. The driver of the Jetta, identified as the plaintiff, sustained serious injuries to the back, neck, right thumb, and left wrist, among other body parts.

The plaintiff filed a complaint on May 22, 2019, alleging the defendant negligently operated the Honda Pilot by failing to yield the right of way, failing to pay attention, failing to maintain a proper lookout, failing to timely apply the brakes, and driving at an excessive speed. The plaintiff sought actual damages for past and future pain and suffering, mental anguish, physical impairment, medical expenses, loss of earning capacity, loss of consortium, loss of household services, and property damage, as well as exemplary damages, interest, and court costs.

In response, the defendant filed a general denial on June 28, 2019, asserting several defenses including limitations on medical expense recovery and claims regarding the determination of negligence under Texas law. The defendant also requested consideration of sudden emergency or unavoidable accident doctrines if evidence justified. On February 25, 2022, a jury found that the defendant's negligence proximately caused the collision. The jury awarded the plaintiff $50,000 for past physical pain, $1 for past physical impairment, and $5,000 for past medical care, totaling $55,001.

On July 29, 2022, the court rendered a final judgment. The court awarded the plaintiff $17,400 in actual damages, $2,343.04 in prejudgment interest, and $318.00 in court costs, along with post-judgment interest. The final judgment was entered on August 9, 2022.