Houston Jury Awards $289,363 After Rear-End Collision

On April 20, 2017, a rear-end collision occurred on Highway 6 in Houston when the plaintiff's van, stopped at a red traffic signal, was struck by a trailing car driven by an uninsured motorist. The plaintiff alleged the other driver was negligent in operating the vehicle and subsequently sued his insurer, State Farm Mutual Automobile Insurance Co., seeking underinsured-motorist benefits for claimed back injuries.

The plaintiff contended the accident aggravated a preexisting herniation of his L5-S1 disc, caused an L2-3 disc bulge, and resulted in spinal nerve impingement and radiating pain. Treatments included chiropractic manipulation, epidural injections, and decompressive surgery involving a discectomy. A spinal fusion was also recommended. The plaintiff sought $1,175,000 in damages, including past and future medical expenses, and compensation for pain, mental anguish, impairment, and disfigurement.

The defense argued the collision was minor and could not have caused the claimed injuries, asserting that the plaintiff's conditions were degenerative and predated the accident, citing three prior lumbar injuries. The defense also contested the other motorist's negligence, stating the motorist claimed the plaintiff stopped suddenly. Additionally, the defense questioned the necessity and cost of some medical expenses, suggesting a lower award for damages if the jury reached the question of damages.

After a three-day trial, the jury deliberated for three hours and unanimously found the defendant insurer liable. The jury awarded the plaintiff a total of $289,363.13. This amount included $218,863.13 for past medical costs, $60,000 for past physical pain, $5,000 for past physical impairment, $5,000 for past mental anguish, and $500 for past disfigurement.