Moody, Texas Jury Finds Negligence, Awards $6,700 in Rear-End Collision

On September 16, 2012, a plaintiff, a large-animal veterinarian, was driving a pickup truck west on Farm to Market Road 107 in Moody, Texas. As the plaintiff slowed to turn left onto Raby Road during rain, a defendant's vehicle rear-ended the truck. Police cited the defendant for failing to control her speed.

The plaintiff subsequently sued the defendant for negligence, alleging failure to maintain a proper lookout, control speed, brake, or avoid the accident, and following too closely. The plaintiff claimed soft-tissue neck, lower back, and chest injuries, which he stated hindered his ability to continue working as a veterinarian. He sought damages for past medical bills, lost earning capacity, physical pain and mental anguish, physical impairment, and property damage, including veterinary supplies.

The defendant stated she hydroplaned and did not strongly dispute liability for the collision. However, the defense challenged the extent and cause of the plaintiff's claimed injuries, noting that medical records did not document neck, back, or chest complaints until several months after the incident. Defense counsel argued that a pre-existing condition, gout, was the reason for the plaintiff's job change, and that he earned more in his new role as a community college professor. The defense also contested the value of the damaged equipment.

Following a three-day trial, a jury found the defendant negligent and awarded the plaintiff $6,700. The award included $3,100 for past medical costs, $1,000 for property damage, $2,100 for past lost earning capacity, and $500 for past physical pain and mental anguish. The jury's verdict was significantly less than the total damages sought by the plaintiff.