Smith County Jury Awards $352,874 in Left Turn Collision

On March 7, 2020, a collision occurred on a highway in Smith County when a driver, identified as the defendant, made a left turn from a stop sign. The defendant's vehicle was struck by a vehicle driven by the plaintiff, a 65-year-old salesperson. The impact was severe.

The plaintiff subsequently filed a lawsuit, alleging the accident aggravated preexisting degenerative cervical and lumbar conditions, including bulging discs. The plaintiff sought damages for past and future medical expenses, physical pain, mental anguish, and physical impairment. The plaintiff's counsel argued the defendant had admitted responsibility for the accident in a deposition. Medical treatment included chiropractic care, massage therapy, physical therapy, and lumbar epidural steroid injections. A neurosurgeon recommended cervical and lumbar fusions, estimated at $275,000, with paid medical bills totaling $37,874, which the defense stipulated as reasonable and necessary. The jury also received an "eggshell plaintiff" instruction.

The defense argued that the defendant's view was obstructed by a pickup truck towing a boat on the southbound shoulder at the time of the turn. The defense also presented an orthopedic surgeon who testified that the accident did not exacerbate the plaintiff's preexisting conditions or necessitate surgery. The plaintiff's counsel contended this defense expert's trial testimony contradicted an earlier report that had agreed with the surgical recommendations.

Following a two-day trial and 2.5 hours of deliberation, a Smith County jury found the defendant liable. The jury awarded the plaintiff $352,874. The award included $37,874 for past medical costs, $200,000 for future medical costs, and additional amounts for past and future physical impairment, physical pain, and mental anguish.