Mesquite Jury Awards $3,807 After Shared Fault in Parking Lot Collision

On February 29, 2012, a collision occurred in an apartment complex parking lot in Mesquite, Texas. While the plaintiff was backing into a parking space, the defendant, also backing out of an adjacent space, struck the plaintiff's passenger side near the mirror with the rear bumper of a pickup truck. The plaintiff subsequently alleged negligence by the defendant for failing to keep a proper lookout and backing unsafely. The plaintiff also sought uninsured motorist benefits from their own insurer after the defendant's liability carrier became insolvent. The plaintiff claimed the accident caused back and neck injuries, including herniated lumbar discs and cervical sprains and strains.

The plaintiff testified that they did not realize the pickup was about to back out. The defense argued that the plaintiff was negligent for backing unexpectedly into a space and failing to keep a proper lookout. The defense further contended that the plaintiff's claimed neck and back injuries were caused by a prior on-the-job injury in December 2011, citing medical records that referenced this earlier date. The plaintiff sought approximately $41,000 for past medical bills, plus damages for pain, anguish, and impairment. The defense suggested an award limited to $7,615.46 for initial medical expenses.

After a two-day trial, the jury found both the defendant and the plaintiff negligent, assigning each 50 percent responsibility for the collision. The jury determined the plaintiff's total damages were $7,615.46. After the reduction for comparative responsibility, the plaintiff recovered $3,807.73. The outcome reflected the jury's finding of shared fault and a limited attribution of the claimed damages to the incident.