Verdictly
Verdict-Plaintiff
Harris County • 2015

Harris County Jury Awards $9,973 in Pavement Defect Injury

One driver was traveling on a highway when he encountered a hole in the pavement. His tire blew out, causing him to lose control. He claimed the hole aggravated a pre-existing shoulder injury. The state agency responsible for the road was sued for premises liability, alleging they knew or should have known about the dangerous condition. The defense argued the condition was pre-existing and the driver was negligent.

Case Information Updated: October 2025

Back to cases
Shoulder Injury
Other Accident
Aggravation of Pre-existing Condition

Case Outcome

Outcome
Verdict-Plaintiff
Amount
$9,973
County
Harris County, TX
Resolved
2015

Injury & Accident Details

Injury Type
Shoulder Injury
Accident Type
Other
Case Type
Aggravation of Pre-existing Condition, Shoulder, Rotator Cuff

Settlement Context

This verdict-plaintiff of $9,973 is below the median of $66,000 for shoulder injury cases resolved by verdict-plaintiff. The typical range is $25,000 to $166,763, based on 64 cases in our database.

Case Overview

In October 2011, a plaintiff was driving a compact car eastbound on Interstate 10 in Harris County, Texas. While moving to the outside shoulder to yield to an approaching fire truck, the plaintiff's vehicle struck a rectangular hole in the pavement, causing a right front tire blowout. The hole, approximately two feet long and several inches deep, had resulted from the removal of a traffic-counting device and had not been refilled. The plaintiff alleged a shoulder injury.

The plaintiff filed a premises liability lawsuit against the Texas Department of Transportation, alleging the hole constituted an unreasonably dangerous "special defect" that the agency knew or should have known about. The court ruled that the hole was a special defect as a matter of law. The defendant denied knowledge of the condition and contended that the plaintiff was negligent for failing to keep a proper lookout. The plaintiff claimed the incident aggravated a pre-existing partial rotator cuff tear, while the defense argued the injury was entirely pre-existing and noted a six-month gap in the plaintiff's treatment history.

After a two-day trial, a jury found the Texas Department of Transportation negligent and awarded the plaintiff $9,973. The jury's finding of negligence was based on the determination that the defendant "knew or should have known" of the dangerous condition. The jury did not find the defendant negligent based on "actual knowledge," nor did it find the plaintiff comparatively negligent. The award included damages for past medical costs, past physical impairment, past lost earning capacity, and past physical pain.

Understanding This Case

  • This case went to trial and resulted in a jury verdict. Verdicts can yield higher awards but carry the risk of receiving nothing if the jury rules against the plaintiff.
  • This case was resolved in Harris County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
  • Resolved in 2015, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.

VerdictlyTM Score

40
/100
Questionable

This outcome differs from typical similar cases

This score is calculated by analyzing injury type, accident details, geographic location, temporal trends, and comparing against 2,000+ similar cases in our database.

Want to check your case value?

Get a free case evaluation to understand what your motor vehicle accident case might be worth based on cases like this in Harris County.

Check Your Case Value

Similar cases you may find useful

Handpicked by matching injury type, accident details, and outcome to this case.

Undisclosed
Verdict-Defense
Shoulder Injury
Other Accident
Motor Vehicle Negligence

A plaintiff alleged bilateral rotator cuff injuries resulted from paramedics' forceful removal of the plaintiff from a motor vehicle accident. The plaintiff filed a lawsuit against the defendants, presumably alleging negligence in the plaintiff's care. The court granted the defendants' motion for summary judgment in September 2006, concluding the case in favor of the defense.

Dallas County • 2019
View full case
Undisclosed
Verdict-Defense
Shoulder Injury
Other Accident
Motor Vehicle Negligence

A collision occurred on September 20, 2012, on Kentucky Avenue near Floyd Street in Louisville. The plaintiff, then age 41, was making a right turn when the defendant pulled from a space to the plaintiff's right, resulting in the crash. The plaintiff sustained a rotator cuff injury that required surgical repair. The plaintiff filed a lawsuit, alleging the defendant negligently pulled from a parking lane into the plaintiff's path. The plaintiff sought $3,917 for past medical expenses, up to $15,000 for future medicals, and $120,000 for pain and suffering. The defendant denied liability, arguing she was in a turn lane, not a parking lane. An independent medical examiner for the defense also linked the plaintiff's shoulder issues to pre-existing degenerative conditions. Following a trial, a jury found in favor of the defendant on the issue of liability. A defense judgment was subsequently entered, and the plaintiff received no damages.

Dallas County • 2015
View full case
$2,000,000
Verdict-Plaintiff
Back Strain / Soft Tissue
Other Accident
Medical Malpractice

A plaintiff filed a medical malpractice lawsuit alleging a nurse negligently administered an injection, causing permanent injury. The plaintiff, who received injections for migraine headaches, claimed the defendant nurse failed to properly calculate anatomical landmarks before administering Phenergan in the right hip area. The plaintiff asserted that the caustic material was injected near the sciatic nerve, causing immediate severe pain, numbness, and a permanent limp. The plaintiff later developed Complex Regional Pain Syndrome (CRPS) and underwent surgical implantation of a neurostimulator for pain management. The defendant denied negligence, arguing the injection was not given in the wrong area and was unrelated to the plaintiff's complaints. The defendant noted a lack of immediate documentation for the plaintiff's pain complaints. The plaintiff countered that she reported immediate pain to the nurse and made documented complaints the following day. The plaintiff also argued that the nurse's deposition testimony, which demonstrated her landmark calculation, indicated an improper starting point for the injection. The defendant further suggested the plaintiff's difficulties stemmed from a car accident occurring several weeks after the injection. The plaintiff disputed this, stating the collision primarily resulted in cervical complaints and did not cause new hip issues, emphasizing consistent hip pain reports since the injection. After a week-long trial, the jury found for the plaintiff, awarding $2,000,000 for past and future pain and suffering. This award was subsequently reduced to $755,000 to comply with Maryland's medical malpractice cap on non-economic damages for the year the cause of action arose.

Baltimore County • 2019
View full case
$779,627
Verdict-Plaintiff
Catastrophic Injury
Other Accident
Motor Vehicle Negligence

A plaintiff filed a lawsuit following a motor vehicle accident, claiming severe and permanent injuries. The plaintiff sought damages for significant pain, suffering, discomfort, emotional distress, and a diminished ability to enjoy life. During the proceedings, both sides presented expert medical testimony. The plaintiff's experts included specialists in Physical Medicine & Rehabilitation, Sports Medicine, Osteopathic Medicine, and Physical Therapy. The defendant's expert was also a specialist in Physical Medicine & Rehabilitation. The case concluded with an award of $779,627 to the plaintiff.

Denver County • 2015
View full case
$8,184
Mixed
Neck Injury (Whiplash)
Other Accident
Motor Vehicle Negligence

A vehicle collision occurred in May 2008 on Stony Brook when a teenager, pulling from a private drive, struck a childcare worker's vehicle. The childcare worker sustained soft-tissue neck pain and was transported to the emergency room. Liability for the collision was later established by summary judgment. The injured worker subsequently filed a lawsuit in Louisville, seeking damages for medical bills, lost wages, impairment, and pain and suffering. The plaintiff's case was complicated by involvement in a second crash a month later, though injuries were distinguished. The defendant disputed the claimed injuries, citing credibility, lack of objective proof, and a "threshold" defense. The jury found the plaintiff met the medical expense threshold but did not sustain a permanent injury. Ultimately, the jury awarded the plaintiff $8,184 for medical expenses but $0 for lost wages, impairment, and pain and suffering, resulting in a total verdict of $8,184. A judgment consistent with this verdict was entered. The plaintiff later moved for a new trial, arguing the verdict was inadequate. The defendant countered, citing credibility issues. The motion was pending as of June 2016.

Dallas County • 2015
View full case