Houston Jury Issues Defense Verdict in Rear-End Collision

On September 2, 2015, two individuals were injured in a multi-vehicle collision in Houston, Texas. A plaintiff was driving a Mazda with a passenger, another plaintiff, when their vehicle was rear-ended by a Chevrolet Malibu operated by a defendant. A Volvo, operated by another defendant acting within the scope of employment for a defendant company, was also involved in the incident.

On February 24, 2017, the injured plaintiffs filed a lawsuit against the Malibu driver, the Volvo driver, and the Volvo's corporate owner. The plaintiffs alleged the defendants' negligence caused the collision and that the corporate defendant had negligently entrusted its vehicle. They sought damages for past and future medical expenses, lost income, physical impairment, pain and suffering, property damage, and punitive damages. The defendants responded with a general denial and asserted defenses including the plaintiffs' own negligence, failure to mitigate damages, pre-existing conditions, and that the incident was an unavoidable accident or sudden emergency. They also challenged the constitutionality of exemplary damages. During pre-trial proceedings on December 6, 2018, the court denied the plaintiffs' motion to exclude the testimony of a defense expert.

The case proceeded to trial, and on August 30, 2019, the jury returned a verdict finding the defendants were not negligent in the automobile accident. No damages were awarded to the plaintiffs, resulting in a defendant win on the merits of the collision. Following the verdict, on September 16, 2020, the court awarded attorneys' fees and costs totaling $19,685.36 to one defendant, to be paid by the plaintiffs. Separately, the court also awarded $4,624.95 in attorneys' fees and costs to the plaintiffs, to be paid by the corporate defendant and another individual defendant. The litigation ultimately concluded with the jury's finding of no liability for the defendants.