Houston Court Dismisses Rear-End Collision Injury Claim

On July 13, 2016, an individual traveling westbound on Westheimer Road was rear-ended by another driver who allegedly changed lanes unsafely, causing personal injuries to the plaintiff. The defendant driver was operating a vehicle owned by a rental car company at the time of the incident.

The plaintiff filed a lawsuit on July 13, 2018, alleging the defendant driver was negligent for failing to maintain a proper lookout, yield right-of-way, keep an assured clear distance, and timely apply brakes. The plaintiff also claimed the vehicle owner negligently entrusted the vehicle to the driver. Compensation was sought for past and future medical expenses, pain and suffering, physical impairment, and court costs. The defendant rental car company filed a general denial.

Attempts to personally serve the defendant driver were unsuccessful. The court subsequently granted a motion for substitute service via publication, and an attorney ad litem was appointed to represent the driver, who then filed an answer. On January 23, 2019, the court entered a default judgment against the defendant driver, awarding the plaintiff over $27,000 for medical bills, past physical pain and suffering, and court costs. However, on March 3, 2019, the plaintiff filed a nonsuit with prejudice, withdrawing all claims against all defendants in the case.