Montgomery County Jury Awards $6,518 in Rear-End Collision

On November 13, 2013, a pickup truck carrying the plaintiff, a self-employed car painter, was rear-ended by a compact car at a stoplight in Montgomery County near Tomball, Texas. The plaintiff subsequently sued the compact car's driver for negligence, alleging failure to keep a proper lookout, control speed, and brake. The plaintiff also initially sued the car owner for negligent entrustment, but this claim was nonsuited before trial. The defendant driver stipulated to liability for the collision.

The plaintiff claimed multiple injuries, including bulging cervical and lumbar discs and a torn supraspinatus tendon in the left shoulder. He reported driving himself to the emergency room after the accident and later received treatment from his family doctor, an orthopedic surgeon, and a neurosurgeon. The neurosurgeon administered spinal steroid injections over time. The plaintiff sought $75,000 for past medical bills, along with future medical expenses, past and future pain and suffering, and physical impairment, with his attorney requesting approximately $200,000 in total damages.

The defense disputed the causation of the alleged injuries and the necessity of treatment. The defendant argued the impact was minor and that the plaintiff had denied injury at the scene. The defense also noted approximately year-long gaps in the plaintiff's neurosurgeon treatment and that an attorney had referred the plaintiff to the neurosurgeon. To counter claims of ongoing pain and impairment, the defense presented surveillance video showing the plaintiff entering and exiting a high-clearance pickup truck without difficulty and noted the plaintiff took minimal prescription pain medication. The defense suggested a jury award of about $5,000 for past medical expenses.

A Montgomery County jury awarded the plaintiff $6,518. The award included $5,018 for past medical costs, $750 for past physical impairment, and $750 for past pain and suffering.