Houston Jury Finds Negligence in Left-Turn Collision, Awards $55,408

On February 10, 2015, three plaintiffs, passengers in a minivan, were involved in a near head-on collision in Houston as their vehicle traveled north on Veterans Memorial Drive. The plaintiffs' minivan was proceeding through an intersection at the eastbound feeder road of North Sam Houston Parkway when it collided with a southbound minivan driven by the defendant, who was attempting a left turn. The plaintiffs claimed the defendant was negligent in her operation of the vehicle, alleging she failed to keep a proper lookout and yield the right of way by turning in front of their vehicle. The police report listed failing to yield the right of way while turning left as a contributing factor against the defendant.

The defendant argued that she stopped and ensured she had sufficient time to turn, testifying that the plaintiffs' minivan unexpectedly accelerated after she began her maneuver. Defense counsel contended this acceleration was unforeseeable. The plaintiffs denied their vehicle accelerated. Each driver maintained they had a solid green light. The plaintiffs sought damages for new injuries or aggravation of pre-existing conditions, detailing neck, back, and shoulder sprains, disc protrusions, and herniations for the adult plaintiffs, and soft tissue injuries for the minor plaintiff. They underwent chiropractic care, pain management, and received epidural steroid injections. The defense presented an expert who testified about the indications for such injections, noting some adult plaintiff records lacked such indications.

After a one-day trial and 2.5 hours of deliberation, the jury found the defendant liable. The jury awarded the adult male plaintiff $28,246.98, the adult female plaintiff $25,946.22, and the minor plaintiff $1,215.66, totaling $55,408.86 for past medical expenses and limited general damages. Post-verdict discussions with jurors indicated they considered both drivers negligent. Jurors also stated they did not award general damages to the minor plaintiff because of her testimony that she was "a trooper," and expressed concern that if medical bills were not awarded, the plaintiffs would have to pay them personally.