Houston Jury Finds Split Liability, Awards $155,000 in Left-Turn Crash

In August 2013, a collision occurred at the intersection of Cambridge Street and Holly Hall Street in Houston. The plaintiff, operating a 1996 Jeep Cherokee, struck a Volkswagen Beetle driven by the defendant. The incident happened as the defendant attempted an unprotected left turn across the plaintiff's path. The defendant apologized at the scene for causing the accident.

The plaintiff subsequently sued the defendant for negligence, alleging a failure to keep a proper lookout, yield the right of way, and make a safe left turn. The plaintiff claimed lower back injuries, specifically an aggravation of pre-existing herniated discs. Medical records indicated the plaintiff had previous lumbar injuries and disc herniations. Following the collision, the plaintiff underwent chiropractic treatment, sought opinions from orthopedic surgeons, and received epidural steroid injections for ongoing pain. The plaintiff sought $750,000 in damages, including $150,000 for future medical expenses, as well as compensation for past and future physical pain, mental anguish, and physical impairment.

The defendant admitted to an unsafe turn but contended that the plaintiff was also partially at fault for not applying the brakes quickly enough to avoid the collision. A defense expert, an orthopedic surgeon, opined that the plaintiff's treatment was excessive and that any lumbar injuries sustained were limited to soft-tissue sprains and strains, not new herniations. The defense suggested a minimal award of $8,000 if the jury reached the question of damages.

After a two-day trial and five hours of deliberation, the jury found both parties negligent. The jury attributed 90 percent of the responsibility to the defendant and 10 percent to the plaintiff. The plaintiff was awarded $155,000. Due to the finding of comparative responsibility, the final judgment for the plaintiff was reduced to $139,500.