Longview Jury Awards $20,504 in Gross Negligence Rear-End Collision

On October 3, 2017, a vehicle driven by the plaintiff was rear-ended by a pickup truck operated by the defendant in Longview. The defendant subsequently left the scene of the accident. The plaintiff, a waitress, alleged neck, back, and shoulder injuries and filed a lawsuit claiming the defendant was negligent and grossly negligent in operating his vehicle.

The defendant, a bulldozer operator, had been working a night shift and admitted to consuming some alcohol before driving home. He testified that he fell asleep at the wheel, was jolted awake, and did not realize he had struck another vehicle until later that day, when he saw damage to his truck and reported the incident to police. The defense stipulated to negligence but disputed gross negligence and denied alcohol impairment. The plaintiff's counsel argued the defendant was impaired by either fatigue or alcohol. The plaintiff sought damages for past medical expenses, lost earning capacity, pain, and impairment, along with punitive damages based on gross negligence. The defense countered by highlighting the plaintiff's delayed chiropractic treatment, suggesting preexisting injuries, noting minor damage to the plaintiff's vehicle, and emphasizing that most of her treatment was non-medical.

After a one-day trial, a jury deliberated for five hours before ruling in favor of the plaintiff. The jury found the defendant liable for the accident and also determined he was grossly negligent. The plaintiff was awarded a total of $20,504.