Houston Jury Awards $70 for Medical Costs in Rear-End Crash

On December 13, 2014, a plaintiff, who worked as a retail stocker, was a passenger in a pickup truck on Highway 290 in Houston when it was rear-ended by another vehicle. The plaintiff subsequently sued the driver of the trailing car, alleging negligence in the vehicle's operation and failure to exercise due caution as her vehicle decelerated in traffic.

The plaintiff claimed neck injuries, specifically herniated discs, with pain radiating to her arm. She sought medical treatment, including pain medication and cervical steroid injections. She reported missing work and eventually quitting her job due to her injuries, claiming a significant loss of earning capacity. The plaintiff requested damages for past medical expenses, lost earnings, and physical pain and mental anguish.

The defendant admitted liability for the collision but disputed the extent of the plaintiff's claimed injuries and damages. Defense counsel questioned the plaintiff's credibility, noting that medical records did not support a claimed shoulder injury and that her last treatment for the accident occurred almost four years before the trial. The defense suggested that any award should be limited to initial primary care costs.

Following a two-day trial, a jury found the defendant liable for the accident. The jury awarded the plaintiff $70, specifically for past medical expenses. The verdict indicated that the jury largely sided with the defense regarding the extent of claimed damages for lost earning capacity and pain and suffering.