Fort Worth Jury Awards $487,637 in Rear-End Collision

On September 29, 2015, in Fort Worth, Texas, a property damage appraiser was driving an SUV when it was rear-ended by another SUV at an Interstate 820 exit. The plaintiff, who claimed lower back injuries, subsequently filed a lawsuit against the driver and the driver's employer, a rental car company. The plaintiff alleged the defendant driver was negligent and that the employer was vicariously liable because the driver was acting within the course and scope of employment. Claims against the individual driver were dismissed before trial.

At trial, the plaintiff testified that the vehicle was stopped at the time of the impact. The plaintiff's counsel argued that the defendant driver's use of the company vehicle, which was being taken home for cleaning and fueling for the next workday, along with performing job duties from home, constituted acting within the scope of employment. The defense contended that the accident occurred after business hours while the defendant was commuting home, thus arguing against vicarious liability. The defense also argued the plaintiff was negligent, asserting that the plaintiff stopped suddenly without reason after starting to turn.

The plaintiff claimed multiple disc injuries in the lower back, radiating pain, and underwent physical therapy, injections, and decompression surgery. The plaintiff reported persistent pain and limitations on activities, seeking over $330,000 for past and future medical expenses, along with damages for pain, impairment, and disfigurement. The defense disputed the necessity and cost of the surgery, highlighted a delay in the plaintiff's initial medical treatment, noted a lack of treatment in the years leading to trial, and introduced evidence of the plaintiff's travel to suggest exaggerated injuries. The defense also pointed to moderate vehicle damage and the financial arrangement with the plaintiff's surgeon.

After a three-day trial, a jury found the defendant driver negligent and determined that the driver was within the course and scope of employment, making the employer vicariously liable. The jury found the plaintiff was not negligent. The plaintiff was awarded $487,637 in damages.