Montgomery County Jury Awards $501 in Rear-End Collision

On June 30, 2015, a vehicle driven by the plaintiff was rear-ended by a trailing vehicle on Farm to Market Road 2978 in Montgomery County. The plaintiff subsequently filed a lawsuit, alleging the trailing driver was negligent in operating her vehicle and the vehicle's owner was negligent in its entrustment. The vehicle owner was later nonsuited, and the case proceeded to trial against the trailing driver.

The plaintiff claimed to have suffered back injuries, including herniated discs, lumbar sprains, and radiating pain in the left leg, as a result of the collision. The plaintiff sought damages totaling $90,000 for past and future physical impairment, pain, and mental anguish, but did not seek recovery for medical expenses or lost earnings. The trailing driver acknowledged attempting to stop but sliding on a wet road, and liability for the collision was not strongly contested during the trial.

However, the defense disputed the extent and causation of the plaintiff's injuries. Defense arguments highlighted alleged inconsistencies, such as the plaintiff contacting an attorney immediately after the accident rather than emergency services, and reportedly walking significant distances despite claiming immediate severe back pain. The defense also scrutinized medical records, noting a lack of information sharing between the plaintiff's medical providers, an attorney referral to a doctor, and unusual, differing MRI results taken on the same day. Additionally, the defense presented evidence of the plaintiff's pre-existing lower back pain from a prior accident seven years earlier.

After a one-day trial, the jury found the trailing driver liable for the accident. The jury awarded the plaintiff $501, with $1 allocated for past physical impairment and $500 for past physical pain.