Marshall Jury Awards $33,678 in Negligent Rear-End Collision

In March 2015, a 73-year-old scrap metal dealer was driving a pickup truck in Marshall when a sport utility vehicle rear-ended his vehicle. The plaintiff claimed to have sustained injuries to his neck, back, and head, including a concussion, neck and mid-back sprains and strains, and an aggravation of pre-existing arthritis in his neck. He subsequently filed a lawsuit against the driver of the SUV, alleging negligent operation of the vehicle.

The defense stipulated to liability after jury selection. However, the defense disputed the extent of the plaintiff's damages, asserting that the plaintiff had pre-existing arthritis in multiple areas for which he was already receiving treatment. The defense also noted that approximately one year after the collision, the plaintiff suffered an unrelated lumbar vertebra fracture from a falling shed, which resulted in limited mobility. The plaintiff sought $6,178 for past medical expenses and an additional $40,000 for past and future physical pain and impairment.

After a two-day trial, the jury deliberated for two hours. The jury returned a unanimous verdict, awarding the plaintiff $33,678 in total damages. This award included $6,178 for past medical costs, $10,000 for past physical impairment, $2,500 for future physical impairment, $10,000 for past physical pain, and $5,000 for future physical pain.