Garland Jury Awards $22,890 in Left-Turn Collision

On September 17, 2016, a collision occurred in Garland, Texas, at the intersection of West Buckingham Street and Winding Oak Trail. A busser, driving westbound on West Buckingham Street, struck the left side of a sport utility vehicle driven by a defendant who was executing a left turn from southbound Winding Oak Trail onto eastbound West Buckingham Street. The plaintiff driver claimed injuries to the back, neck, and a shoulder, including disc protrusions and sprains.

The plaintiff sued the defendant for negligence, alleging that the defendant failed to yield the right of way. The plaintiff’s path was uncontrolled, while the defendant’s turn was governed by a stop sign. The plaintiff claimed not to have seen the defendant's vehicle before impact. The defendant countered that the plaintiff was speeding and failed to maintain an adequate lookout. The defendant stated he stopped at the intersection and did not observe any approaching vehicles, further noting he was transporting his family at the time.

The defense disputed the extent and causation of the plaintiff's injuries, noting a 21-day delay in seeking treatment. A defense expert chiropractor opined that the plaintiff's MRI scans were not medically necessary and suggested the disc protrusions were chronic rather than acute. The expert also questioned the necessity and duration of the plaintiff's chiropractic and physical therapy treatments. The plaintiff sought damages for past and future medical expenses, as well as pain and suffering.

Following a one-day trial, a jury found both parties negligent, allocating 80 percent responsibility to the defendant and 20 percent to the plaintiff. The jury awarded $22,890.50 in damages. After the comparative negligence reduction, the plaintiff received a net recovery of $18,312.50.