Laredo, Texas Jury Awards $11,560 in Rear-End Collision

In September 2010, a driver was westbound on University Boulevard in Laredo, Texas, when her vehicle was rear-ended by another car as she slowed to make a left turn onto Casa Verde Road. The plaintiff, the driver of the lead vehicle, subsequently filed a lawsuit against the defendant, alleging negligence for failing to maintain a safe stopping distance, control speed, pay adequate attention, and yield the right of way. On the day of trial, the defendant stipulated to negligence.

The plaintiff claimed the accident caused a herniation at L4-5 and L5-S1, along with cervical and thoracic sprains, leading to physical therapy. Several years later, an orthopedic evaluation recommended epidural steroid injections and surgery. The plaintiff sought damages for past and future medical bills, physical pain, mental anguish, and physical impairment. The defense countered by citing the plaintiff's pre-existing lower back pain, a significant gap of over three and a half years in treatment, and the plaintiff's decision not to undergo the recommended injections or surgery. The defense also highlighted the minor nature of the vehicle impact, as shown in photographs, and argued that the plaintiff’s providers had been referred by an attorney.

Following a two-day trial and two hours of jury deliberation, the jury awarded the plaintiff $11,560.23 solely for past medical bills. The final judgment, which included prejudgment interest and taxable costs, amounted to $18,354.50. The outcome suggested the jury found the plaintiff had incurred past medical expenses related to the incident but did not award damages for future medical costs or pain and suffering, aligning with the defense's arguments regarding the treatment gap and prior medical history.