Gun Barrel City Jury Awards $360,748 in Rear-End Collision

On March 16, 2015, a rear-end collision occurred on Main Street in Gun Barrel City, Texas. The plaintiff, a home health nurse, was driving in the left lane and came to a stop when the defendant's vehicle struck hers from behind. A fire truck with an activated siren was approaching the vehicles at the time of the incident. The plaintiff claimed to have sustained a head injury during the impact.

The plaintiff filed a lawsuit, alleging the defendant was negligent by failing to maintain a proper lookout, control speed, and brake or turn in time. The plaintiff testified she had been stopped for several seconds before the collision. The defendant countered that the plaintiff stopped too suddenly and should have moved into the right lane to yield to the approaching fire truck. The defense also argued the collision was a minor accident, not negligence, and disputed the severity and causation of the plaintiff's claimed injuries.

Following the accident, the plaintiff reported neck pain, dizziness, headaches, tinnitus, and spots in her eyes, later diagnosed as post-concussive syndrome. She claimed permanent tinnitus and mild hearing loss, requiring hearing aids. The plaintiff's otolaryngologist testified that the head impact likely caused the tinnitus, which was probably permanent. The defense's otolaryngology expert opined that if the crash had caused hearing loss, it would have presented itself within a few days, suggesting the later-diagnosed hearing loss stemmed from another cause. However, on cross-examination, the defense expert acknowledged that tinnitus could be related to the accident and could impair hearing. The defense also noted the absence of a police report, minimal vehicle damage, and the plaintiff's statement at the scene that she was "OK."

After a two-day trial and 2.5 hours of deliberation, the jury found the defendant negligent. The jury awarded the plaintiff $360,748.43, including past and future medical costs, and past and future physical impairment and pain. With prejudgment interest and taxable costs, the final judgment totaled $367,334.85.