Houston Jury Awards $250,000 in Police Officer Crash

On October 9, 2015, a real estate agent was driving westbound on Airport Boulevard in Houston when her vehicle was broadsided by an on-duty Houston police officer. The officer, who was not responding to an emergency, had stopped at a stop sign on Chickadee Lane, a side street, and proceeded across Airport Boulevard without stopping in the median gap. An investigating officer faulted the police officer for failing to yield the right of way.

The plaintiff sued the city of Houston under the Texas Tort Claims Act, alleging the officer negligently failed to keep a proper lookout, yield the right of way, and brake or turn to avoid the collision. The defense denied negligence, with the officer testifying that guard rails about 200 feet east of the intersection obstructed his view of the plaintiff's vehicle. The defense also obtained a jury instruction on unavoidable accidents.

The plaintiff sustained neck and back injuries, including multiple disc herniations, which led to chiropractic treatment, several epidural steroid injections, and a cervical discectomy and fusion from C3 to C6. The plaintiff's treating surgeon testified that all treatments were reasonable and necessary. The plaintiff sought over $3 million in damages for past and future medical bills, pain, anguish, disfigurement, and physical impairment.

After a two-day trial, a jury deliberated for 1.5 hours. The jury found the officer negligent and awarded the plaintiff $1,512,466.85. However, under the Texas Tort Claims Act, the total damages awarded against the city were capped at $250,000.