Harris County Rear-End Collision Settles for Minor's $400

A vehicle driven by the plaintiff, with a minor passenger, was involved in a rear-end collision on July 20, 2014, on the Gulf Freeway entrance ramp of Scott Street in Harris County, Texas. Their vehicle was struck by two other motor vehicles operated by the defendant drivers. The plaintiff later filed a lawsuit, alleging both defendant drivers failed to keep a proper lookout, maintain a reasonable distance, and apply brakes in a timely manner. The plaintiff also asserted a negligent entrustment claim against one defendant driver's spouse, who owned the vehicle. The plaintiffs sought damages for medical expenses, pain and suffering, physical impairment, and mental anguish, among other claims.

The defendants filed a general denial and asserted multiple defenses, including comparative responsibility, contributory negligence by the plaintiff, and that any injuries were due to pre-existing conditions. The vehicle owner defendant specifically defended against the negligent entrustment claim, stating the vehicle was joint marital property, the driver possessed a valid license and clean driving record, and there was no evidence of incompetence. One defendant driver also claimed the incident was caused by the other defendant driver's failure to exercise reasonable care. The court granted a motion for partial summary judgment in favor of the vehicle owner defendant regarding the negligent entrustment claim.

Following mediation, the parties reached a settlement agreement. A Guardian Ad Litem was appointed to represent the minor plaintiff's interests in the settlement. On October 31, 2017, the court approved the compromise settlement, finding it to be in the best interest of the minor plaintiff. The court subsequently entered a consent judgment in favor of the plaintiffs, which included a $400 award for the minor plaintiff, held by the Clerk until the minor reached age 18. The minor plaintiff later applied to withdraw the funds.