Houston Court Awards $130,842 in Rear-End Collision

A former cabinet finisher sustained injuries in a June 6, 2013, rear-end collision on Texas State Highway Beltway 8 near Houston. The plaintiff's stopped pickup truck was struck by a work van operated by an employee of Halco Mechanical Inc. The plaintiff sued the driver's estate and the employer for negligence; Halco Mechanical conceded liability for the incident at trial.

The plaintiff was diagnosed with a partial thickness tear of the right rotator cuff, and cervical and lumbar sprains. He underwent surgery, extensive physical therapy, and pain management, reporting lasting scarring. The plaintiff sought between $500,000 and $1 million in total damages, including over $100,000 for past medical and $200,000 for future medical expenses.

The central dispute at trial focused on the causation of the plaintiff's shoulder injury. The plaintiff's treating orthopedic surgeon testified the rotator cuff injury was causally related to the collision. However, the defense argued the injury was pre-existing and unrelated, presenting expert testimony based on the plaintiff's pre-accident medical records, which documented prior rotator cuff surgery.

The court awarded the plaintiff $130,842.29. This included $103,842 for past medical costs and $20,000 for future medical costs, plus amounts for past physical impairment, pain and suffering, and disfigurement. The award was significantly lower than the plaintiff's request for future medical and non-economic damages, reflecting the court's apparent consideration of the defense's argument regarding the pre-existing injury. Prejudgment interest and taxable costs were also added.