Leander, Texas Jury Finds Negligence, Awards $26,383 in Rear-End Collision

On September 21, 2012, a sport utility vehicle, in which the plaintiff was a front-seat passenger, was rear-ended on east FM 2243 in Leander, Texas. The plaintiff's vehicle was stopped at a red light when it was struck by a sedan driven by the defendant. The plaintiff subsequently filed a lawsuit, alleging the defendant's negligence in operating the vehicle. Specific claims included failing to maintain a proper lookout, failing to yield the right of way, and failing to take evasive action to prevent the collision.

The plaintiff claimed injuries to the neck, shoulder, and back, and later developed left arm pain and hand numbness. Medical treatment included chiropractic care, a steroid injection, and physical therapy, with diagnoses of spinal strains and sprains and acromioclavicular joint separation. The plaintiff sought approximately $26,000 for past medical costs, $1,376 for past lost wages due to missed work, and damages for past and future pain, suffering, and physical impairment. The plaintiff explained delays in initial treatment were due to a lack of insurance and concern for family members, and a later delay in reporting arm pain was due to an initial belief the symptoms were cardiac-related. The plaintiff also claimed the injuries prevented continued work as a machine operator, leading to a new position as a dispatcher.

The defendant did not contest negligence but questioned the plaintiff's alleged injuries, citing the nearly three-month delay in initial treatment and the 18-month delay before experiencing arm pain. The defendant's orthopedic surgery expert, after reviewing medical records, concluded that the plaintiff suffered typical strains and sprains, and argued that the treatment received after chiropractic care was unnecessary.

Following a three-day trial, a jury deliberated for four hours and found the defendant negligent. The jury awarded the plaintiff $26,383, which included $21,407 for past medical costs, $1,376 for past lost earnings, $2,100 for past pain and suffering, and $1,500 for past mental anguish.