Longview, Texas Jury Awards $50,000 in Intersection Collision

On June 21, 2017, a collision occurred in Longview, Texas, when the defendant's car, making a left turn from a cross street, struck the right side of the plaintiff's vehicle in an intersection. The plaintiff's vehicle was proceeding through the intersection without traffic controls, while the defendant allegedly failed to obey a stop sign. The plaintiff, who reported back injuries, subsequently filed a lawsuit, alleging the defendant was negligent in operating the vehicle.

The defendant conceded liability, and the trial proceeded solely on the issue of damages. The plaintiff claimed to have suffered sprains and strains to the lumbar region, along with the aggravation of pre-existing neck and shoulder pain. Medical treatment included emergency room visits, pain management, lumbar trigger-point injections, physical therapy, and lumbar epidural steroid injections approximately one year post-accident, which the plaintiff testified were helpful. A pain-management doctor, testifying by deposition for the plaintiff, opined that additional lumbar epidural injections would be medically necessary, despite acknowledging he had not recommended them during initial treatment and typically would not for sprains and strains. The plaintiff's counsel sought awards for past and future medical expenses, physical pain, mental anguish, and physical impairment.

Defense counsel highlighted an initial gap in the plaintiff's treatment, a lack of treatment for over a year by the time of trial, and the absence of significant findings in lumbar MRI reports. The defense also questioned the plaintiff's expert's recommendation for future epidural injections, given his prior stance. Prior to trial, the parties reached a high-low agreement, setting the recovery parameters between $20,000 and $50,000. After a one-day trial and 45 hours of deliberation, the jury awarded the plaintiff $59,929.51. Pursuant to the high-low agreement, the plaintiff's final recovery was $50,000.