Port Aransas Jury Awards $86,535 in Lane Change Collision

On April 24, 2016, a driver of a 2014 Nissan Altima, accompanied by a minor child, was involved in a collision on Avenue G near Alister Street in Port Aransas. The Altima was struck on its passenger side by a 2008 Infiniti G37, whose driver had entered the Altima's lane. The Altima driver claimed a neck injury, and the child also claimed injuries.

The Altima driver and her daughter filed a lawsuit against the Infiniti driver, alleging negligence for failing to maintain a proper lookout and making an unsafe lane change. The Altima driver also sued her own underinsured motorist (UIM) carrier for benefits. The Infiniti driver settled for his $30,000 policy limit in March 2017. The minor's claims were withdrawn before trial, and the case proceeded solely against the UIM carrier.

During the trial, the UIM carrier stipulated that the Infiniti driver's negligence caused the accident but disputed the extent of the Altima driver's damages. The plaintiff Altima driver sought over $600,000 in damages, including $36,620.03 for past medical expenses, for a herniated disc that required surgery. Her surgeon testified by deposition that the treatment was reasonable and necessary. The UIM carrier acknowledged past medical expenses but contested future damages, citing the surgeon's testimony that the plaintiff could resume normal activities post-surgery and noting a gap in her treatment.

After a three-day trial, the jury deliberated for four hours and awarded the plaintiff Altima driver $141,535.03. The award included $36,620 for past medical costs, $6,000 for future medical costs, $25,000 for past physical impairment, $5,000 for future physical impairment, $1,000 for past disfigurement, $40,000 for past physical pain and suffering, and $27,915 for past lost earning capacity. The UIM carrier received credits for the initial $30,000 settlement and an additional $25,000 in previous medical and wage loss payments, reducing the net award to $86,535.03. A subsequent motion for a new trial filed by the plaintiff was denied.