Houston Jury Awards $90,000 in Negligence Rear-End Collision

In October 2010, a landscaping crew foreman was driving a pickup truck with a flatbed trailer on an entrance ramp of Highway 290 in Houston when a driver rear-ended the trailer. A police report attributed fault to the defendant for failing to control speed. The foreman sustained lower back injuries, including an annular tear and a herniated disc, and sought emergency medical care by ambulance, followed by chiropractic treatment and physical therapy.

The foreman sued the driver for negligent failure to control speed or keep a proper lookout. The defendant stipulated to liability, narrowing the trial's focus to damages. The plaintiff claimed his pain initially resolved, but returned approximately two and a half years later, leading to further evaluation and treatment. This included referrals to an orthopedic surgeon and a neurosurgeon, who recommended a spinal fusion surgery but advised the plaintiff to lose weight first. The plaintiff's neurosurgeon testified that the injuries were caused by the accident, that treatment was reasonable and necessary, and estimated future surgery costs at $150,000. The plaintiff sought $18,200 for past medical bills, $150,000 for future medical bills, and $36,500 for past pain and suffering.

The defense emphasized significant gaps in the plaintiff's medical treatment, arguing that later treatments were unrelated to the collision. A defense orthopedic surgeon testified that future surgery was unnecessary, but if needed, would cost substantially less. This expert also stated that minor vehicle damage suggested the trailer absorbed most of the impact, implying the accident did not cause the claimed injuries. The defense proposed an award of $8,400 for past medical bills covering only the initial treatment, and $2,000 for past pain and suffering.

Following a one-day trial and one hour of deliberation, a jury in Houston awarded the plaintiff $90,000. The award covered past and future medical bills and past pain and suffering. The jury did not award damages for physical impairment or future pain and suffering.