Houston Jury Awards $44,800 in Comparative Negligence Collision

On February 12, 2015, a collision occurred on U.S. 59 near Spur 527 in Houston, Texas. A sedan, driven by a plaintiff and carrying two plaintiff passengers, was changing lanes when its right rear corner collided with a pickup truck. The truck's driver was an employee of Tower One International LLLP, acting within the scope of his employment. The sedan occupants subsequently sued the truck driver for negligent operation of his vehicle and his employer for negligent entrustment, citing the driver's prior moving violations.

The plaintiffs argued their vehicle was well into the lane when the truck struck them, contending the right lane was clear when the lane change began. They claimed various injuries, including disc protrusions, a mild traumatic brain injury for one passenger, and associated pain. Their counsel sought substantial damages for medical expenses, pain, and impairment, supported by chiropractic and neurology experts. The defense countered that the plaintiff driver caused the collision by moving into the truck's lane. They disputed the severity and origin of the alleged injuries, with a defense chiropractor testifying that claims were exaggerated, treatment was excessive, and injuries were minor soft-tissue or pre-existing.

After a three-day trial, the jury found both drivers negligent. The defendant driver was assigned 55 percent comparative responsibility for the collision, and the plaintiff driver was assigned 45 percent. The jury awarded the plaintiffs a total of $52,000. After reducing the plaintiff driver's individual award due to her comparative negligence, the net damages awarded to all plaintiffs totaled $44,800.