Houston Jury Awards $34,040 After Rear-End Collision

In February 2016, a valet park employee, driving a 2003 Toyota Corolla, was rear-ended by a 2008 Honda Civic while stopped in heavy traffic on U.S. 59 in Houston, Texas. The plaintiff sustained multiple injuries, including herniated lumbar discs, neck and left shoulder pain, and radiating leg pain. The plaintiff subsequently filed a lawsuit against the driver of the Honda Civic, alleging negligence for failing to maintain a proper lookout, control speed, and avoid the collision. The defendant admitted fault for the accident itself.

The plaintiff underwent extensive physical therapy, saw a medical doctor, and received a lumbar epidural steroid injection for lower back pain. An MRI report indicated 2-millimeter herniations at multiple lumbar levels. The plaintiff's counsel argued that pre-existing mild scoliosis and degeneration made the plaintiff more susceptible to pain. The plaintiff sought $26,540 for past medical expenses and additional damages for pain, anguish, and impairment, totaling $55,990.

The defense contended that the plaintiff's injuries were not as severe as claimed, that recovery had occurred, and that any symptoms could be attributed to pre-existing conditions or a prior 2013 accident. A defense expert, an orthopedic surgeon, testified that the MRI did not show herniations. The defense also noted the plaintiff's continued participation in a competitive soccer league and a lack of recent treatment. The plaintiff countered that a denial of radiculopathy during an early medical visit was due to a lack of understanding of the term.

Following a two-day trial, a Houston jury found the defendant negligent. The jury awarded the plaintiff $34,040 in damages, including $26,540 for past medical costs and $7,500 for past physical pain and mental anguish.