Frisco Texas Jury Awards $40,166 in Rear-End Collision

On March 31, 2015, a rear-end collision occurred in Frisco, Texas, when the plaintiff's stopped sedan was struck by the defendant's vehicle. The plaintiff, a 50-year-old nurse, subsequently filed a lawsuit, alleging the defendant's negligence in operating the vehicle. The plaintiff claimed the accident caused injuries to her neck, back, and shoulder.

The defendant contended that traffic ahead of the plaintiff's vehicle stopped suddenly, causing the plaintiff to stop abruptly and preventing the defendant from stopping in time. The plaintiff's medical treatment began a week after the incident, involving chiropractic care, pain management, and cervical epidural steroid injections. Diagnostic imaging in July 2015 revealed a cervical disc protrusion and facet hypertrophy. In June 2016, a neurosurgeon performed an anterior cervical discectomy and fusion from C5 to C7. The plaintiff's neurosurgeon testified that the accident aggravated pre-existing degenerative conditions in the cervical spine and caused an acute traumatic injury.

The defense's expert neurosurgeon disputed that the initial MRI showed an acute traumatic injury, asserting that the surgery was solely necessitated by pre-existing degenerative conditions. The defense further argued that any aggravation of pre-existing conditions had resolved by October 2015, noting the plaintiff made no accident-related complaints during subsequent primary care visits in late 2015 and early 2016. The plaintiff had sought over $500,000 in damages for past and future medical expenses, lost earning capacity, pain, anguish, impairment, and disfigurement. After a two-day trial and 70 minutes of deliberation, a jury found the defendant negligent and awarded the plaintiff $40,166, which included $35,166 for past medical costs and $5,000 for past physical pain and mental anguish.