Harris County Court Awards $16,963 in Motor Vehicle Negligence

A motor vehicle collision occurred on October 28, 2014, in Harris County, Texas. An insurer filed a lawsuit on September 1, 2016, alleging the defendant driver negligently operated her vehicle and failed to maintain a proper lookout, which proximately caused the incident. The insurer sought subrogation for damages to its insured's vehicle, totaling $16,713.31, and for the insured's injuries, medical expenses, and lost wages, amounting to $9,687.01.

The defendant filed a general denial, asserting that the insurer's insured had pre-existing conditions unrelated to the collision, failed to exercise proper care, and did not mitigate damages. The defendant also claimed comparative negligence, raised the defense of unavoidable accident, and invoked limitations on the recovery of medical expenses.

The case proceeded to a bench trial, and on April 4, 2017, the court entered a final judgment in favor of the insurer. The judgment awarded the insurer $16,713.31 in damages, $250.00 in attorney fees, court costs, and post-judgment interest at 5.00% per annum. Following the judgment, the insurer filed motions to appoint a post-judgment receiver. A receiver was subsequently appointed, but on April 4, 2022, the receivership was terminated due to a lack of funds for disbursement. The receiver was discharged, and any remaining levies were released.