Lubbock Jury Finds Negligence in Collision, Awards $9,848

A collision occurred on June 18, 2015, on University Avenue in Lubbock when a vehicle driven by the defendant collided with a southbound vehicle occupied by the plaintiff-driver and plaintiff-passenger. The plaintiffs sustained multiple injuries and subsequently filed a lawsuit alleging the defendant's negligent operation of her vehicle.

The plaintiffs contended that the defendant attempted to turn right from the far-left southbound lane, striking the driver's side of their vehicle. They presented an accident report citing independent witnesses who observed the defendant looking down, potentially at a cell phone, prior to the crash. The plaintiffs' counsel also noted the defendant's testimony that she was distracted by "messing" with coin change and looking at a passenger's cell phone for a music video during the turn. The investigating police officer testified that the defendant was responsible for the collision and found no contributing negligence by the plaintiff-driver. The plaintiff-driver was diagnosed with a soft-tissue lumbar strain and underwent physical therapy, while the plaintiff-passenger experienced neck and back pain, also undergoing therapy. Both sought damages for medical expenses, physical impairment, and pain and suffering.

The defense denied full liability, arguing that the plaintiff-driver might have contributed to the accident by driving while potentially affected by prescribed medication. Defense counsel noted that the plaintiff-driver had received anti-inflammatory injections for chronic pain syndrome an hour before the crash and had a history of degenerative spinal conditions and chronic pain. Defense experts opined that the plaintiff-driver's claimed injuries were pre-existing.

After a one-day trial, a jury deliberated for 90 minutes and found the defendant 100 percent negligent. The jury awarded the plaintiffs $9,848 for past medical costs, with $6,691 allocated to the plaintiff-driver and $3,157 to the plaintiff-passenger.