McKinney, Texas Jury Awards $50,000 in Rear-End Collision

In January 2015, a plaintiff, a financial planner, was involved in a multi-vehicle collision on Eldorado Parkway in McKinney. The plaintiff's pickup truck was struck from the rear by another pickup, driven by a 16-year-old, which propelled the plaintiff's vehicle into a preceding car. The plaintiff initially reported neck, back, and head injuries, later alleging a traumatic brain injury and subsequent cognitive impairment.

The plaintiff sued the teenage driver for negligence in operating the vehicle and initially sued the driver's parents, as owners of the vehicle, for negligent entrustment. Claims against the parents were later dismissed. The defendant driver conceded liability for the collision, and the trial proceeded solely on the issue of damages. The plaintiff sought over $812,000, including significant damages for loss of earning capacity, past and future mental anguish, and physical pain and impairment. An economist expert for the plaintiff testified to over $600,000 in lost earning capacity.

The defense acknowledged soft-tissue injuries but disputed the severity and causation of the alleged traumatic brain injury. Defense counsel highlighted that the plaintiff initially denied injury at the scene, did not report head injury complaints for several months, and underwent neurological and neuropsychological testing that was largely normal. A defense neurology expert opined that memory and cognitive complaints were not caused by the accident, while a defense economics expert challenged the plaintiff's methodology for lost earning capacity. The defense also noted the plaintiff had not sought treatment for more than three years prior to trial.

After a three-day trial, the jury deliberated for three hours and returned a verdict, awarding the plaintiff $22,000. However, the parties had previously entered a high-low agreement, setting parameters between $50,000 and $450,000. Pursuant to this agreement, the plaintiff recovered $50,000.