Odessa Motor Vehicle Negligence Settles for $32,500

On September 29, 2015, a collision occurred in Odessa between two vehicles at an intersection. The plaintiff, driving a 2013 Chevrolet Malibu, approached on a flashing yellow light. The defendant, driving a 2015 Chrysler 200, approached from the cross street with a flashing red light and allegedly ran it, striking the plaintiff's vehicle on the driver's side. The plaintiff subsequently sued the defendant, claiming negligence for failing to yield the right of way, running a flashing red light, and failing to keep a proper lookout. The plaintiff alleged back injuries from the incident.

The defendant admitted fault for the collision. However, the defense argued that the plaintiff should share responsibility, citing the plaintiff's admission of entering the intersection without looking to the left. The court denied the defense's request for a jury question on comparative responsibility. The plaintiff sought approximately $23,000 for past medical expenses, along with damages for past and future pain, mental anguish, and physical impairment, specifically claiming soft-tissue strains and sprains of the lumbar spine. A treating chiropractor testified that the plaintiff's treatment was reasonable and necessary. The defense contended that the plaintiff's treatment, which included an attorney referral to the chiropractor, was litigation-driven. The defense also disputed the plaintiff's claims of ongoing pain, noting that treatment had ceased by November 2015 and an MRI was unremarkable.

After a two-day trial and two hours of deliberation, the jury found the defendant negligent and awarded the plaintiff $48,000. The defense then filed a motion for a new trial. Before the motion was heard, the parties reached a settlement. The defendant agreed to pay the plaintiff $32,500, and the defense subsequently withdrew its motion for a new trial.