Harris County Jury Awards $42,622 in Motor Vehicle Negligence

On December 23, 2014, a collision occurred on Veterans Memorial Drive in Harris County when a defendant driver allegedly made a sharp left turn in front of an oncoming vehicle. The plaintiff vehicle, driven by a plaintiff with a passenger and a minor child, then struck the defendant's vehicle. The plaintiff driver, the plaintiff passenger, and the minor plaintiff subsequently sued the defendant driver, claiming negligence for failing to yield the right-of-way and maintain a proper lookout. The defendant driver contended that another vehicle had stopped to allow her to turn, and the plaintiff driver failed to yield.

The plaintiffs alleged multiple injuries. The plaintiff driver claimed neck and back pain, disc protrusions and herniations, undergoing extensive physical therapy, and a recommended cervical fusion surgery estimated at over $216,000. The plaintiff passenger claimed disc herniations and a protrusion, physical therapy, and recommended lumbar surgery and a cervical rhizotomy, with lumbar surgery estimated at over $188,000. Both adult plaintiffs sought past and future medical expenses, pain and suffering, and physical impairment. The minor plaintiff reported elbow pain; x-rays were normal, and no further medical care was required, with claims for past medical expenses and pain and suffering.

A defense orthopedics expert opined that the adult plaintiffs' spinal disc herniations were not caused by the accident but rather represented a minor exacerbation of pre-existing conditions. The expert attributed the plaintiff passenger's recommended future surgery to pre-existing conditions, though the expert agreed with the plaintiff driver's recommendation for future neck surgery. The defense did not actively dispute the minor plaintiff's damages.

After a two-day trial and three hours of deliberation, the jury found the defendant driver negligent. The jury awarded the plaintiffs a total of $42,622. This award included $695 for the minor plaintiff (for past medical costs and pain and suffering), $21,101 for the plaintiff driver (for past medical costs), and $20,826 for the plaintiff passenger (for past medical costs). The verdict indicated that the jury largely did not attribute the more severe, costly injuries or extensive future medical procedures claimed by the adult plaintiffs to the accident.