Houston Jury Awards $31,445 in Rear-End Collision

A livery vehicle driver, 49, was rear-ended by an on-duty police officer in Houston, Texas, on Studemont Street during the evening of September 20, 2015. The driver of the livery vehicle claimed neck, back, and shoulder injuries. The plaintiff sued the officer and the officer's employer, the city of Houston, alleging negligent operation of the patrol car. The officer was later non-suited, leaving the city as the sole defendant at trial.

The plaintiff testified he was driving slowly while seeking directions for a passenger. An initial police report indicated the officer was at fault for failing to control his speed. While a supplemental report later assigned fault to both drivers, the plaintiff's counsel questioned its credibility. In a deposition, the officer and his partner did not blame the plaintiff, with the officer testifying he was looking at a celebrity's home his partner had pointed out just before the collision.

The city's defense counsel argued the plaintiff alone was negligent, asserting he stopped suddenly in a lane of traffic. At trial, the officer's partner testified the plaintiff stopped abruptly after missing a turn, shifting blame to the plaintiff. The officer did not attend the trial. The plaintiff sought compensation for sprains and strains to his neck, back, and multiple joints, which he treated with a chiropractor and physician's assistant. He claimed lingering pain and functional limitations, with photographs showing minimal damage to his vehicle but more to the patrol car.

After a one-day trial and 1.5 hours of deliberation, the jury returned an 11-1 verdict in favor of the plaintiff. The jury found that the officer's negligence proximately caused the accident, establishing the city's liability. The plaintiff was awarded $31,445 for past medical expenses, past physical impairment, and past physical pain and mental anguish.