Houston Jury Awards $139,500 in Motor Vehicle Negligence

In August 2013, a collision occurred at an intersection in Houston, Texas, when the defendant, driving a Volkswagen Beetle, attempted an unprotected left turn and was struck by a Jeep Cherokee driven by the plaintiff. The plaintiff, a shipping and receiving clerk, subsequently filed a lawsuit, alleging the defendant negligently failed to keep a proper lookout, yield the right of way, and made an unsafe left turn.

The plaintiff claimed the accident aggravated pre-existing herniated discs in the lower back and sought damages totaling $750,000, including $150,000 for future medical bills, along with compensation for past and future pain, mental anguish, and physical impairment. Medical records indicated a progression of herniation size following the incident, and while the plaintiff declined initial recommendations for injections and surgical fusions, later treatment with pain management doctors confirmed the need for fusion, estimated at over $150,000.

The defendant admitted to an error in attempting the turn but contended the plaintiff shared some fault for not braking quickly enough to avoid the collision. A defense expert, an orthopedic surgeon, opined that the plaintiff's treatment was excessive and that any lumbar injuries sustained were merely soft-tissue sprains and strains, not requiring extensive medical care. The defense suggested an award of $8,000, if any, for past pain, mental anguish, and physical impairment.

After a two-day trial and five hours of deliberation, the jury found both parties negligent. The defendant was assigned 90 percent of the comparative responsibility and the plaintiff 10 percent. The jury awarded the plaintiff $155,000, which included $10,000 for future medical costs, $10,000 for past physical impairment, $15,000 for future physical impairment, $10,000 for past physical pain and mental anguish, and $15,000 for future physical pain and mental anguish. Following the reduction for comparative responsibility, the final damages awarded to the plaintiff totaled $139,500.