Houston Jury Finds Negligence, Awards $8,577 in Intersection Collision

In July 2009, a collision occurred at a Houston intersection involving a compact pickup and a Ford Explorer. The pickup's driver, who did not have a stop sign, was struck by the Explorer, whose driver had pulled out from a stop sign. The pickup driver subsequently sued the Explorer driver, alleging failure to yield the right of way and maintain a proper lookout. The plaintiff claimed the impact aggravated a pre-existing back injury and sought damages for past medical expenses, physical pain, mental anguish, impairment, and property damage for eyeglasses.

The plaintiff asserted that the defendant broadsided his vehicle and was solely negligent. The defendant countered, stating that he looked, did not see the plaintiff, and believed it was safe to proceed. The defense argued the plaintiff's headlights were off, contributing to the collision, and maintained that both drivers failed to keep a proper lookout, suggesting 50 percent fault for each. The defense also highlighted the plaintiff's extensive history of back treatment, including a military-related spinal injury from the 1960s, and contended that most of the claimed medical expenses were for pre-existing conditions or were deemed unrelated to the accident by medical providers.

Following a two-day trial, a jury deliberated for 66 minutes. The jury found both parties negligent, assigning 90 percent comparative responsibility to the defendant and 10 percent to the plaintiff. The jury awarded the plaintiff $9,530 for past medical costs, past physical impairment, property damage, and past physical pain and mental anguish. No future damages were awarded. After reduction for comparative responsibility, the plaintiff's recovery totaled $8,577.