Houston Jury Awards $12,500 in Motor Vehicle Collision

In September 2015, a collision occurred in Houston, Harris County, Texas, when a vehicle traveling northbound in the 1100 block of South Lockwood was struck by another vehicle traveling eastbound on the 4600 block of Park Drive. The plaintiff, whose vehicle was struck, alleged that the defendant failed to yield the right-of-way and made an improper turning maneuver, causing severe injuries. The plaintiff filed a lawsuit in September 2017, seeking compensation for past and future medical expenses, pain and suffering, mental anguish, physical impairment, and lost income.

The plaintiff claimed the defendant was negligent by failing to keep a proper lookout, pay attention to traffic, control speed, brake timely, make a proper turn, obey traffic devices, and yield the right-of-way. The defendant filed a general denial and raised several defenses. The defendant argued that the plaintiff's recovery for medical damages should be limited to amounts actually paid or incurred, and that loss of earnings required proof of net loss after tax reduction. The defendant also contended that the collision was caused by the plaintiff's own negligence, specifically driving too fast for road conditions, and that the plaintiff's injuries resulted from a failure to wear a seat belt.

In August 2018, a jury found the defendant 70% responsible for the motor vehicle collision and awarded the plaintiff $12,500.00 for past medical care. A final judgment in October 2018 awarded the plaintiff a total of $8,750.00 in general damages, reflecting the 70% liability attribution, an additional $1,093.75 in general damages, and $1,885.98 for attorneys' fees and costs, for a total award of $11,729. The case concluded with a judgment in favor of the plaintiff.