Harris County, Texas Jury Awards $9,450 in Rear-End Collision

A rear-end automobile collision occurred on October 17, 2018, near Aldine Mail Route and Hardy in Harris County, Texas. The plaintiff subsequently filed a lawsuit, alleging the defendant negligently operated a vehicle by failing to control speed, driving inattentively, failing to timely apply brakes, failing to maintain a proper lookout, driving at an excessive speed, and following too closely. As a result, the plaintiff claimed bodily injuries and sought damages for medical expenses, pain and suffering, physical impairment, lost wages, and property damage, including diminished value and loss of use of the vehicle.

The defendant denied the allegations, asserting that any claimed injuries were attributable to the plaintiff's pre-existing conditions, citing a prior car accident in January 2016 and pre-existing low back pain. The defense also contended that the plaintiff was contributorily negligent and sought a determination of liability percentages. Additionally, the defendant argued that medical expense recovery should be limited to amounts actually paid or incurred for necessary treatment, that the plaintiff failed to mitigate damages, and that lost earnings recovery should be limited to net loss after tax reduction.

Before trial, the plaintiff filed a motion for nonsuit without prejudice as to other named defendants, which the court granted in June 2021. The case proceeded to trial, where a jury found both parties negligent. The jury assigned 90% responsibility to the defendant and 10% to the plaintiff for the collision. The court subsequently awarded the plaintiff $9,450.00 in damages, adjusted for contributory negligence, along with $1,049.86 in prejudgment interest and $1,378.21 in court costs taxed to the defendant. A final judgment totaling $11,878.07 was entered in August 2021.