Houston Jury Awards $249,758 Damages in Rear-End Collision

On September 10, 2018, in Houston, a call center manager driving a sport utility vehicle was rear-ended by a delivery driver operating a sedan. Both drivers were making a left turn out of a shopping center parking lot onto Kuykendahl Road when the collision occurred. The plaintiff claimed to have suffered neck, back, and shoulder injuries as a result of the incident.

The plaintiff filed a lawsuit against the driver and the employer, Domino’s Pizza LLC, alleging negligent operation of the vehicle. An investigating police officer opined that the defendant driver's failure to control speed contributed to the accident. The defense argued that both drivers were equally at fault, with the defendant driver testifying that the plaintiff either stopped suddenly during the turn or was traveling too slowly. Defense counsel also argued the plaintiff was turning into an illegal center turn lane.

The plaintiff claimed multiple cervical and lumbar intervertebral disc bulges, pain in the dominant shoulder, and underwent physical therapy, steroid injections, and ultimately an anterior cervical discectomy and fusion. An orthopedic surgeon testified that the plaintiff's injuries were caused by the accident, despite a subsequent collision, and projected future medical costs, including another potential cervical fusion. A life care planner estimated significant future care expenses. The defense disputed the causation of injuries, highlighting minor vehicle damage from the incident and presenting a biomechanical expert who opined that the accident's forces could not have caused the claimed injuries.

After a four-day trial, a Houston jury found the defendant 80% responsible for the collision and the plaintiff 20% responsible. The jury awarded the plaintiff $312,198.08. This award was then reduced to $249,758.46 to account for the plaintiff's comparative negligence.