Rusk County Jury Awards $31,291 After Negligent Car Crash

On August 19, 2015, two laborers were traveling in a pickup truck in Rusk County when an oncoming car, driven by the defendant, slid across the center line on a wet curve and struck their vehicle. The plaintiffs claimed the collision caused multiple injuries and sued the defendant, alleging negligent driving, excessive speed, and failure to maintain a single lane. The defense stipulated to liability for the accident.

The plaintiffs sought damages for past medical expenses and pain and suffering, reporting injuries that included chest, abdomen, neck, middle and lower back strains and sprains, headaches, and a right hand sprain. They stated their injuries impacted their ability to perform job duties and engage in hobbies. A treating emergency room doctor testified that a significant "trauma activation" charge for one plaintiff was appropriate due to reports of high impact speeds.

The defense disputed the severity of the alleged injuries and challenged the appropriateness and cost of the trauma activation. Defense counsel highlighted discrepancies between the plaintiffs' reported pain levels and medical records. An emergency medicine expert for the defense opined that trauma activation was unwarranted given the lack of severe injury indicators, such as no rollover, ejections, or loss of consciousness, and only moderate vehicle damage. A medical billing expert further testified that the trauma activation charge was excessive, suggesting a significantly lower reasonable amount.

Following a two-day trial, the jury awarded the plaintiffs a total of $41,374.65. Subsequently, the court reduced the award for one plaintiff's emergency room bill to $5,074.09, aligning with the defense's expert testimony regarding a reasonable charge for the trauma activation. After this reduction, the plaintiff's total medical award was $13,849.09, resulting in a total award of $23,849.09 for that individual. The other plaintiff received $7,442.