Midland Jury Finds Negligence in Rear-End Crash, Awards $17,294

In Midland, Texas, on September 10, 2013, a maintenance man, the plaintiff, was driving a pickup truck when he stopped in traffic and was rear-ended by another pickup, driven by the defendant. The plaintiff subsequently filed a negligence lawsuit, alleging the defendant failed to maintain a proper lookout, control speed, and keep a safe following distance.

The plaintiff claimed to have sustained whiplash, neck sprains, and lower back strains, for which he drove himself to an emergency room. He underwent chiropractic treatment for approximately two months, during which he reported difficulties with his job duties and recreational baseball. A treating chiropractor opined that the treatment was necessary and the injuries were a direct result of the collision. The plaintiff sought $7,294 for past medical expenses and $15,000 for past physical pain and mental anguish.

The defense did not strongly contest liability for the collision but disputed the extent of the plaintiff's injuries and the necessity of his treatment. The defense argued that the impact occurred at a low speed, resulting in minimal vehicle damage. They also presented evidence of the plaintiff's prior treatment with the same chiropractor three years earlier, suggesting pre-existing conditions or injuries from playing baseball. The defense proposed that any award should be limited to the initial emergency room expenses.

After a one-day trial and one hour of jury deliberation, the jury found the defendant negligent. The plaintiff was awarded $17,294. With prejudgment interest, the final judgment totaled $18,395.