Houston Jury Finds Negligence, Awards $13,559 in Rear-End Collision

In August 2015, a rear-end collision occurred on Woodway Drive in Houston, Texas, when a pickup truck struck the plaintiff's vehicle, pushing it into another car. The plaintiff, a 42-year-old city chief of protocol, alleged back and neck injuries, including sprains, strains, and a disc herniation.

The plaintiff initially sued the driver of the pickup truck for negligence, citing failures to maintain a proper lookout, control speed, and brake in time. The owner of the pickup truck was later added as a defendant for negligent entrustment. After discovering the driver was excluded from the owner's insurance policy, the plaintiff added her own uninsured/underinsured motorist carrier, Farmers Texas County Mutual Insurance Co., as a defendant. The claims against the original defendants were not pursued, and the case proceeded to trial solely against the insurer, based on the at-fault driver's negligence, which the insurer did not dispute.

During the trial, the plaintiff sought $11,958.27 for past medical expenses, along with damages for past and future pain, mental anguish, and physical impairment, requesting a total of $50,000. The insurer acknowledged the medical treatment and bills were reasonable and necessary but argued the plaintiff had recovered well. Defense counsel noted the plaintiff sought no treatment for the accident after October 2015 and presented evidence of the plaintiff attending events and a fashion show after the incident, despite claims of ongoing pain. The defense also highlighted the plaintiff sustained new neck and back injuries in a separate accident in October 2017. The insurer suggested an award of approximately $11,758 for medical expenses and $1,000-$2,000 each for past pain/anguish and impairment, with no other damages.

The jury found the at-fault driver negligent and awarded the plaintiff $16,058.87, including $11,959 for past medical costs, $2,000 for past physical impairment, and $2,100 for past physical pain and mental anguish. Jurors indicated the pain and anguish award was based on $100 for each of the plaintiff's 21 physical therapy sessions. After applying a $2,500 offset for personal injury protection payments, the final judgment for the plaintiff against the insurer totaled $13,558.87.