Houston Court Awards $364,571 in DWI Rear-End Collision

On July 23, 2014, a plaintiff's vehicle was rear-ended by a defendant driver operating a company car on West Sam Houston Parkway in Houston, Texas. The plaintiff sustained serious injuries to the neck, back, head, and shoulders. Earlier, the defendant company owner reportedly observed the driver, who was severely intoxicated, attempting to drive a company vehicle. The owner instructed the driver not to operate it, but the driver allegedly disregarded this instruction, leading to the collision.

The plaintiff filed a negligence lawsuit against both the defendant driver and the defendant company. The plaintiff alleged the driver was negligent for operating a vehicle while intoxicated. Against the company, the plaintiff claimed negligence and vicarious liability, asserting the company knew of the driver's unfitness but failed to prevent him from driving. The defendant company denied the allegations and moved for summary judgment, arguing the driver lacked permission and was not acting within the scope of employment at the time of the accident.

The court granted the defendant company's summary judgment motion, dismissing the claims against the company. The case proceeded solely against the defendant driver. As the driver could not be located, the court appointed an Attorney Ad Litem to represent the absent defendant. The court ultimately awarded the plaintiff $364,571.04 in damages, which included past medical expenses, lost wages, pain and suffering, and future damages.