Killeen Jury Awards $15,620 in Multi-Vehicle Collision

On June 17, 2014, a multi-vehicle collision occurred on Highway 190 in Killeen, Texas. A plaintiff driver and four passengers were rear-ended by a vehicle operated by a defendant driver. Immediately afterward, another vehicle, driven by a defendant employee of a local newspaper, rear-ended the first defendant's vehicle. The plaintiffs claimed the incident resulted in multiple injuries, including soft-tissue injuries to the neck, back, shoulders, and hips for all plaintiffs, with one plaintiff also sustaining a closed head injury and another requiring cervical fusion surgery.

The plaintiffs filed a lawsuit alleging negligent operation of vehicles by both defendant drivers and seeking to hold the newspaper vicariously liable for its employee's actions. The first defendant driver argued that her vehicle was stopped behind the plaintiffs' vehicle when she was struck from behind by the second defendant's vehicle, pushing her into the plaintiffs. The second defendant driver conceded liability for rear-ending the first defendant's vehicle but stated he did not witness the initial impact between the other two vehicles. The defense contended that while emergency and initial follow-up care for the plaintiffs was reasonable, significant portions of the subsequent treatment, often attorney-referred, were unrelated to the accident or excessive. A defense medical billing expert testified that charges for much of this treatment far exceeded typical rates for similar services in the area, and that plaintiffs had pre-existing conditions similar to those claimed from the accident.

After a four-day trial, the jury deliberated for three hours. The jury rendered a mixed verdict, finding the second defendant driver 100 percent liable for the collision and the first defendant driver not liable. The jury awarded a total of $15,620 to the five plaintiffs for past medical costs, a sum significantly lower than the claimed medical expenses. The outcome suggested the jury accepted the first defendant driver's account of being pushed into the plaintiffs and partially accepted the defense's arguments regarding the causation and reasonableness of the plaintiffs' medical treatment.