Houston Jury Awards $81,685 in DWI Rear-End Collision

On July 20, 2013, a plaintiff was driving north on Voss Road in Houston when the vehicle stopped at a red light at Beinhorn Road. A defendant, driving a Volkswagen Jetta, rear-ended the plaintiff's vehicle, causing it to collide with another SUV. The defendant subsequently failed a field sobriety test, was arrested for driving while intoxicated with a .256 blood alcohol concentration, and later pleaded guilty to the DWI charge. The defendant acknowledged looking at a phone at the time of the collision.

The plaintiff filed a lawsuit against the defendant, alleging negligence and gross negligence, specifically citing the defendant's intoxicated driving, failure to maintain a proper lookout, and failure to control speed. The plaintiff claimed to have suffered neck and back sprains, disc bulges, radiating pain, head and chest contusions, and post-traumatic stress disorder, necessitating extensive medical and psychiatric treatment. The defendant largely disputed gross negligence, stating only a few drinks were consumed and intoxication was not realized. The defense also contended that the plaintiff's injuries were pre-existing, noting a 2009 back injury and a prior arthritis diagnosis, and questioned the plaintiff's delayed consultation with an orthopedic surgeon.

After a three-day trial, the jury found the defendant negligent and grossly negligent. The jury awarded the plaintiff $81,685 in damages, which included compensation for past and future medical costs, physical impairment, mental anguish, physical pain, lost earning capacity, and punitive damages. Prior to the trial, the plaintiff had settled with Berryhill Hot Tamales Corp. for $7,500.