Houston Jury Awards $106,330 in Red-Light Collision

A self-employed flooring installer sustained neck and back injuries in a December 2011 collision in Houston. While driving a van north on the feeder road of Highway 288, the plaintiff entered the intersection at Yellowstone Boulevard on a green light. A pickup truck ran a red light on eastbound Yellowstone Boulevard, striking the plaintiff's vehicle. The plaintiff claimed multiple disc injuries, including protrusions and herniations in his cervical and lumbar spine, requiring extensive treatment over several years.

After settling with the pickup driver's insurance carrier for the $30,000 policy limit, the plaintiff sued his own underinsured motorist carrier, Allstate Fire and Casualty Insurance Co., seeking additional benefits. The defendant stipulated to the pickup driver's negligence. The plaintiff alleged the injuries necessitated emergency room care, eight months of chiropractic treatment, five epidural steroid injections, and a lumbar discectomy and fusion in 2015. He sought damages for past medical bills, past physical impairment, and past pain and mental anguish, along with unspecified future damages, asserting the injuries impacted his ability to work and engage in activities.

The defendant argued that the plaintiff's back problems were pre-existing and degenerative, consistent with his age and 30-year career as a flooring installer. The defense also contended that much of the medical treatment occurred after the plaintiff retained an attorney, suggesting an influence on the course of care. The defendant proposed an award limited to the emergency room visit and approximately two months of chiropractic care.

After a two-day trial, a Houston jury deliberated for five hours before awarding the plaintiff $106,330. The jury's award included $68,830 for past medical costs, $14,000 for past physical impairment, $7,000 for future physical impairment, $14,000 for past pain and mental anguish, and $2,500 for future pain and mental anguish. The court subsequently applied a $35,000 credit for prior payments, added prejudgment interest and taxable costs, and entered a final judgment totaling $91,504.24.