Panola County Judge Awards $253,941 in 18-Wheeler Crash

On April 19, 2018, a collision occurred on U.S. Highway 59 in Panola County, Texas. A sedan, driven by the plaintiff, was traveling southbound when an 18-wheeler, operated by the defendant driver, changed lanes and struck the sedan's left rear quarter-panel. The plaintiff, who was on her way to work, claimed she suffered back and shoulder injuries.

The plaintiff filed a lawsuit against the 18-wheeler driver and his employer, alleging negligence in the truck's operation and holding the employer liable under theories of respondeat superior and negligent hiring, training, and supervision. The claims against the driver were dismissed before trial after the employer stipulated that the driver was acting within the scope of his employment and was solely responsible for the collision. The case then proceeded to a bench trial focused solely on damages.

The plaintiff asserted she sustained lumbar sprains and strains, along with a scratched rotator cuff tendon, requiring extensive chiropractic care, physical therapy, and arthroscopic shoulder surgery. Her orthopedic surgeon opined that the collision caused her shoulder symptoms despite a pre-existing bone spur and that all treatment was reasonable and necessary. The plaintiff testified to ongoing pain, limited arm movement, and reduced ability to perform daily activities. In contrast, the defense argued it was a low-speed impact causing only minor, pre-existing, or overtreated injuries. A defense biomechanical expert estimated a minimal impact force, and a chiropractic expert contended the plaintiff's treatment was excessive.

The court awarded the plaintiff $253,941 in damages. This included $38,941 for past medical expenses, $45,000 for past loss of enjoyment of life, $20,000 for past pain and suffering related to the back injury, and $150,000 for past pain and suffering from the shoulder injury. The court noted that the plaintiff's back pain from the accident likely did not last beyond six to twelve months and found no evidence to support a separate award for mental anguish.