Pharr Jury Finds Negligence in Rear-End Collision, Awards $40,000

In November 2013, a 57-year-old construction worker was rear-ended by a sedan while driving south on Highway 281 in Pharr, Texas. The plaintiff reported head, neck, and lower back injuries and later settled with the sedan driver for her $30,000 auto insurance policy limit. The plaintiff subsequently filed a lawsuit against his underinsured motorist (UIM) carrier, State Farm Mutual Automobile Insurance Co., seeking additional benefits.

The plaintiff alleged the sedan driver was negligent, having failed to control her speed as cited in the police report. He claimed the collision caused various injuries, including multiple disc herniations in his cervical and lumbar spine, cervical radiculopathy, and, later, degenerative osteoarthritis and suprapatellar bursitis in both knees. A radiologist testified for the plaintiff about MRI findings and nerve conduction study results, with damages sought for past and future medical expenses, pain, anguish, loss of earning capacity, and physical impairment.

State Farm disputed the plaintiff's claims, arguing there was insufficient proof of liability because the investigating officer did not determine negligence. The defense contended that the plaintiff's knee conditions were related to age and occupation rather than the accident, and questioned the severity of his injuries, noting he did not miss work. Defense counsel also challenged the plaintiff's medical billing and highlighted that the plaintiff's expert acknowledged osteoarthritis and bursitis were not typically caused by accidents.

After a two-day trial, a jury in Pharr deliberated for one hour. The jury found the sedan driver negligent and awarded the plaintiff $40,000 in damages. However, after accounting for State Farm's $30,000 credit from the initial liability settlement and an additional $5,000 credit for personal injury protection benefits, State Farm's net liability for the awarded damages was reduced to $5,000.