Fort Worth, Texas Jury Awards $57,509 in Rear-End Collision

On February 10, 2016, a vehicle driven by the defendant struck the rear driver's side of the plaintiff's vehicle in Fort Worth, Texas. The plaintiff, an information-technology worker, claimed injuries to her neck, left shoulder, and left breast. The plaintiff subsequently sued the defendant, alleging negligent operation of a vehicle. The defendant denied negligence, asserting the plaintiff made a sudden stop.

The court later granted a directed verdict in favor of the plaintiff on the issue of liability, and the trial proceeded solely on causation and damages. The plaintiff presented evidence that she sought emergency medical care hours after the collision and later underwent surgery in September 2016 to remove a ruptured left breast implant, replace both implants, and perform a breast lift. She also received five months of chiropractic care for her neck and shoulder. Treating medical experts opined that the collision caused the ruptured implant, citing a shoulder-harness injury, and was responsible for the neck and shoulder complaints. The plaintiff testified to missing two weeks of work and claimed disfigurement, seeking damages for medical costs, pain and suffering, physical impairment, and lost earnings.

The defense argued that the plaintiff sustained only minor sprains and strains from the accident. They contended that the impact was too minor to rupture a 14-year-old saline implant, suggesting the rupture was likely due to the implant's age, which was nearing the end of its average lifespan. The defense also highlighted the absence of initial medical records documenting a breast implant complaint and argued that the plaintiff’s decision to replace both implants with a newer type constituted an elective cosmetic upgrade. After a two-day trial and three hours of deliberation, the jury awarded the plaintiff $57,509 in damages.