Fort Worth Jury Awards $51,250 in DWI Rear-End Collision

In June 2014, a state road-construction inspector was driving a 2005 Chevrolet Silverado pickup truck on Highway 820 in Fort Worth, Texas, when a 2006 Nissan Frontier pickup truck rear-ended his vehicle. The incident occurred around 3 a.m. as the plaintiff was returning from a night shift. The defendant, the driver of the Nissan, was arrested for driving while intoxicated. The plaintiff subsequently sued the defendant, alleging both ordinary and gross negligence.

The plaintiff testified that the defendant smelled of alcohol and fell at the scene. He sought emergency medical care the day after the collision, claiming a concussion, headaches, dizziness, post-concussion syndrome, and neck sprains. Subsequent medical treatment included physical therapy, referrals to a primary care provider, and multiple neurologists, with ongoing medication for headaches at the time of trial. The plaintiff nonsuited his claims for medical bills and lost wages.

The court granted a directed verdict for the plaintiff on the claim of ordinary negligence. However, the defendant denied gross negligence, stating he fell due to a head injury sustained in the accident and had fallen asleep at the wheel. The defendant also testified that he had consumed four drinks over three hours and did not believe he was intoxicated. The defense further argued inconsistencies in the plaintiff's medical records, questioning whether his head struck anything during the crash and emphasizing that initial CT scans were normal.

After a two-day trial, a jury deliberated for one hour. The jury found the defendant grossly negligent and awarded the plaintiff $51,250 in total damages. This included $12,500 for past physical pain and mental anguish, $12,500 for future physical pain and mental anguish, $12,500 for past physical impairment, $12,500 for future physical impairment, and $1,250 in punitive damages.