Parker County Jury Awards $6,250 in Rear-End Collision

In July 2013, a collision occurred in Parker County when the plaintiff's vehicle, stopped at a red traffic signal, was rear-ended by a minivan operated by the defendant. The plaintiff, a hairdresser, subsequently filed a lawsuit, alleging the defendant was negligent in operating the vehicle and seeking damages for injuries to her back, head, and neck. The defendant later died from unrelated causes during the litigation, and her estate was substituted as the defendant. The court granted the plaintiff's motion for summary judgment on liability, proceeding to a trial solely on damages.

The plaintiff claimed extensive injuries, including a traumatic brain injury (coup-contrecoup and diffuse axonal injury) manifesting as seizures, migraines, memory impairment, and balance issues. She also alleged a cervical disc bulge with radiating pain, and sprains and strains of the lumbar region. Medical records indicated ongoing chiropractic and neurological treatment, emergency room visits, and expert opinions supporting brain damage and significant future care needs. Plaintiff's economic experts estimated lost earnings and future care costs ranging from over $1.3 million to nearly $4 million.

The defense contested the extent of the plaintiff's injuries, noting minimal damage to the vehicles and no immediate injury reports at the scene. Defense experts argued that the plaintiff did not report brain injury symptoms until nearly two years after the accident, that the diagnostic scans used were not reliable for detecting brain damage, and that there was no objective evidence of such an injury. The defense further suggested the plaintiff suffered from a conversion or somatoform disorder, attributing her symptoms to psychological factors and pre-existing conditions like depression and anxiety. They pointed to the plaintiff's extensive doctor visits and inconsistent medical findings, proposing only a small award for past damages.

Following a one-week trial, the jury deliberated for 1.5 hours and returned a unanimous verdict, awarding the plaintiff $6,250. The award specifically addressed past physical pain and suffering, indicating the jury largely rejected the plaintiff's claims for extensive and long-term damages, including the significant brain injury and associated future economic losses.