Plano, Texas Jury Awards $80,000 in Rear-End Collision

On February 12, 2017, a plaintiff driving in Plano, Texas, slowed for traffic when their vehicle was rear-ended by an SUV. The plaintiff reported sustaining back and neck injuries from the collision. The plaintiff subsequently filed a lawsuit against the driver of the SUV, the vehicle's owner, and their own insurer for first-party benefits. The claims against the driver and vehicle owner were later discontinued after it was determined they were uninsured. The case then proceeded against the insurer, which conceded liability, focusing the trial solely on the issue of damages.

The plaintiff claimed the accident aggravated pre-existing scoliosis and caused new injuries, including radiating pain and a cervical disc herniation. Evidence showed the plaintiff sought emergency medical care on the day of the accident and subsequently underwent extensive treatment, including chiropractic sessions, pain management procedures like lumbar and cervical rhizotomies, and epidural steroid injections over a two-year period. A medical expert for the plaintiff testified that the pre-existing scoliosis made the spine more susceptible to injury and attributed the treatment and complaints prior to a later motorcycle accident to the February 2017 collision.

The defense, while conceding liability for the collision, disputed the extent of the claimed damages. Defense counsel argued that the accident did not aggravate the plaintiff's pre-existing conditions, that medical charges were excessive, and pointed to minimal damage to the vehicles and gaps in the plaintiff's treatment history. The defense suggested an award for only immediate medical expenses. After a two-day trial and two hours of deliberation, the jury returned a verdict in favor of the plaintiff, awarding $80,000. This amount included $35,000 for past medical costs, $22,500 for past physical pain, and $22,500 for past mental anguish.