Penitas, Texas Jury Awards $121,101 in Rear-End Collision

On July 12, 2017, in Penitas, a plaintiff was driving on U.S. 83 near Tom Gill Road. The plaintiff's vehicle was stopped behind a tractor-trailer at a red traffic signal when it was struck from behind by a trailing vehicle. The impact propelled the plaintiff's vehicle into the rear of the tractor-trailer. The plaintiff alleged injuries to the back and neck and subsequently filed a lawsuit against the driver of the trailing vehicle, claiming negligent operation. The defense conceded liability, and the trial proceeded on the issue of damages.

The plaintiff claimed diagnoses of herniated intervertebral discs at C2-3 and L5-S1, which necessitated five months of chiropractic care and two epidural injections. The plaintiff testified to experiencing residual pain, insomnia, and limitations affecting daily activities, including exercise, gardening, church volunteering, and wearing high-heeled shoes. A treating chiropractor testified that the plaintiff's injuries were caused by the accident and required treatment, noting that the plaintiff's age and health history could lead to a slower healing process and prolonged spinal issues. The plaintiff sought to recover $17,101 for past medical expenses, along with damages for past and future pain, suffering, and physical impairment. The defense maintained that the plaintiff sustained only minor sprains that had healed.

Following a three-day trial, the jury deliberated for two hours before awarding the plaintiff $121,101 in damages.