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

On November 12, 2013, a construction worker driving a pickup truck southbound on Highway 281 in Pharr, Texas, was rear-ended by a sedan. The plaintiff sustained head, neck, and lower back injuries. After settling with the sedan driver for the $30,000 policy limit, the plaintiff filed a lawsuit against State Farm, seeking underinsured motorist (UIM) benefits. The plaintiff alleged the sedan driver was negligent by failing to control speed, which a police report noted as a contributing factor.

The plaintiff claimed the accident caused multiple disc herniations in the cervical and lumbar spine, cervical radiculopathy, and knee conditions including osteoarthritis, suprapatellar bursitis, swelling, and cellulitis. Medical evaluations included physical therapy, MRIs, and an electromyogram. A radiologist testified for the plaintiff regarding imaging findings. The plaintiff sought damages for past and future medical expenses, pain, mental anguish, loss of earning capacity, and physical impairment.

State Farm disputed liability, noting the investigating officer did not determine negligence. The defense argued the plaintiff's knee issues were pre-existing and related to age and occupation, not the collision. They also questioned the severity of injuries, highlighting that the plaintiff did not miss work and was earning more post-accident. Defense counsel pointed to plaintiff's expert acknowledging that osteoarthritis and bursitis are not typically accident-caused, and that the expert and the orthopedic surgeon primarily treated patients involved in litigation. The defense also challenged the cost of certain medical procedures.

After a two-day trial, the jury found the sedan driver negligent and awarded the plaintiff $40,000 in damages. Following credits for the initial liability settlement and personal injury protection benefits, State Farm's net liability was $5,000.