Houston Jury Finds Comparative Negligence in Parking Lot Collision, Awards $750

On May 29, 2017, a collision occurred in a Houston parking lot involving a compact car driven by the plaintiff, an HVAC repair technician, and a sport utility vehicle operated by the defendant. The incident happened when the defendant was backing out of a parking space, striking the plaintiff's passenger side toward the front. The plaintiff claimed to have sustained injuries to the neck, back, and shoulder, including disc herniations, sprains, strains, and a partial-thickness rotator cuff tear, leading to symptoms like radiating pain and stenosis. The plaintiff underwent chiropractic treatment and physical therapy.

The plaintiff filed a lawsuit alleging the defendant was negligent in operating the vehicle. Plaintiff's counsel argued that the defendant suddenly backed into the plaintiff, who was driving carefully, and was solely responsible for the collision. The plaintiff sought approximately $50,000 in damages, covering $15,145 in medical bills, $500 in lost earning capacity, and compensation for pain and anguish. Defendant's counsel contended that neither driver saw the other, thus lacking evidence of negligence, and that the plaintiff had a better opportunity to avoid the accident. The defense also disputed the extent of the plaintiff's injuries, arguing they were limited to sprains and strains from which the plaintiff recovered. Both parties testified with the assistance of interpreters for American Sign Language and Spanish.

After a two-day trial, the jury deliberated for one hour. The jury found both the defendant and the plaintiff were 50 percent comparatively negligent for the collision. The jury awarded the plaintiff $1,500 for past medical expenses only. Due to the finding of comparative negligence, the net damages awarded to the plaintiff totaled $750.