Texarkana Jury Finds Negligence in Rear-End Collision, Awards $45,000

In January 2017, a certified nursing assistant was driving in Texarkana when her sport utility vehicle was rear-ended by a pickup truck while she was stopped at a red traffic signal. The plaintiff claimed to have sustained injuries to her back, neck, elbow, and shoulder. She subsequently sued the driver of the pickup truck, alleging negligence in the operation of his vehicle. The defense did not extensively contest liability for the collision.

The plaintiff claimed that while she did not report an injury at the scene, she sought hospital treatment the following day and was diagnosed with sprains to her back, elbow, and neck. She ultimately asserted a partial tear of her right elbow's extensor tendon, alongside sprains and strains to her back and neck, and tendinopathy in her right shoulder. She underwent physical therapy for her neck and two surgeries for her right elbow, testifying that her back, neck, and shoulder injuries resolved, but her elbow remained impaired, preventing her from working as a certified nursing assistant. The plaintiff sought significant damages for past and future medical expenses, lost earnings, and pain and suffering, with her attorney requesting a total award of approximately $750,000.

The defense denied that the accident caused the plaintiff's elbow injury. A defense expert, an orthopedic surgeon, testified that the plaintiff had lateral epicondylitis, commonly known as tennis elbow. The defense also highlighted an operative report describing the extensor tendon as frayed and noted a gap in the plaintiff's treatment records, suggesting the elbow injury may have occurred during initial physical therapy. Additionally, the defense pointed out inconsistencies between the plaintiff's testimony and medical records regarding cervical MRIs, muscle strength, and prescription medication use. The defense suggested a significantly lower award for medical expenses and rejected other damage claims, proposing a total of zero to $20,000 for non-economic damages.

After a two-day trial and four hours of deliberation, the jury found the defendant liable for the accident. The jury determined the plaintiff's total damages to be $45,000. The award included $23,114 for past medical costs and $21,886 for past physical pain and mental anguish.