Harris County Jury Awards $6,118.12 in Rear-End Collision

On October 12, 2016, a plaintiff's vehicle was rear-ended while stopped at a red light in Harris County, Texas. The plaintiff alleged the defendant driver was under the influence of medication, having just been discharged from a hospital, and was later driven home by an investigating officer. The collision caused the plaintiff to sustain injuries to the neck, lower back, right hip, and right knee, requiring chiropractic care. MRI scans revealed cervical spine abnormalities, lumbar disc protrusion, and right knee injuries.

The defendant driver died the following month. The plaintiff subsequently filed a lawsuit against the administrator of the defendant driver's estate, alleging negligence and gross negligence. The plaintiff claimed the defendant driver failed to provide proper warning, pay attention, control speed, or avoid operating a vehicle while incompetent or distracted. The defendant filed a general denial and argued that the collision was minor, the police report showed no impairment, no injuries were reported at the scene, the plaintiff delayed seeking medical treatment, and had a prior accident with similar injuries. The defendant also contended there was no evidence to support a claim of gross negligence.

The case proceeded to a jury trial. The court denied the defendant's motion for summary judgment on the gross negligence claim and granted the plaintiff's motion to strike counter-affidavits from medical experts presented by the defense. On August 14, 2019, the jury found the defendant driver negligent. The court then entered a final judgment in favor of the plaintiff.

The judgment awarded the plaintiff $5,618.34 for past medical care expenses, $499.78 in pre-judgment interest, and $807.81 in taxable court costs. The total recovery of $6,118.12 was also subject to post-judgment interest.