Texarkana Jury Awards $12,000 After Rear-End Collision

In February 2012, a 46-year-old painter was operating a pickup truck in Texarkana when his vehicle was rear-ended by a dump truck while stopped in traffic. The dump truck driver stipulated to liability for the collision. The injured driver filed a lawsuit against the dump truck driver, alleging negligence, including failure to keep a proper lookout, control speed, and brake. The lawsuit also named the dump truck owner for negligent entrustment, but this claim was not presented to the jury.

The plaintiff claimed multiple injuries, including herniated cervical discs, radiating arm pain, lumbar sprains, aggravation of a pre-existing hip condition requiring future hip replacement, and an abdominal hernia, all attributed to the accident. Following an emergency room visit, the plaintiff underwent chiropractic care, physical therapy, epidural steroid injections, and eventually cervical fusion surgery and abdominal hernia repair. The plaintiff's orthopedic surgery experts testified that the hip injury was exacerbated by the accident and would necessitate replacement. The plaintiff sought $1.475 million in damages for past and future medical bills, lost earning capacity, pain, and physical impairment.

The defense countered by highlighting an initial MRI showing no disc herniations shortly after the accident, with a defense neurosurgeon testifying that later-observed herniations were degenerative and unrelated. The defense also argued that the hip condition would have deteriorated regardless of the incident and that the abdominal hernia's relation to the accident lacked expert testimony. The defense suggested only the first 90 days of treatment were accident-related and, after the plaintiff claimed lost earning capacity during trial, presented evidence that the plaintiff had not filed tax returns in the preceding six years.

After a four-day trial, the jury awarded the plaintiff $12,000 against the dump truck driver. The verdict indicated that the jury found the defendant responsible for some damages but significantly less than the amount sought by the plaintiff.