Harris County Court Awards $38,885 in Rear-End Collision

In Harris County, a paralegal was involved in a rear-end collision on January 9, 2008. The plaintiff, driving a mid-size SUV, was stopped at a red light when the defendant, operating a compact car, struck the rear of her vehicle. The defendant received a citation for failure to control her speed. Following the incident, the plaintiff claimed neck and back sprains and strains, severe whiplash, and vertigo, which she attributed to the accident.

The plaintiff subsequently filed a lawsuit alleging negligence. She sought approximately $8,800 for past medical expenses, primarily from chiropractic care over ten months, and a total of $75,000 for past and future physical pain and mental anguish. The plaintiff specifically contended that the accident caused her vertigo, a condition she had not experienced previously. The defendant was not present at trial, and defense counsel did not strongly dispute liability.

The defense focused its arguments on the extent of damages, asserting there was no medical evidence directly linking the plaintiff's vertigo to the whiplash or the accident. Defense counsel also highlighted that the plaintiff did not consult a medical doctor for her injuries and that her last treatment occurred more than six years before the trial. Additionally, the defense suggested the impact was minor, noting the defendant's vehicle went partly underneath the plaintiff's SUV, which sustained little visible damage.

The case proceeded to a bench trial, where the court found the defendant negligent. The court awarded the plaintiff $38,885 in damages. This included $8,885 for past medical costs, $20,000 for past physical pain and mental anguish, and $10,000 for future physical pain and mental anguish.