Texas Jury Awards $2,300 in Rear-End Negligence Trial

On February 12, 2014, a plaintiff, a hotel clerk, was stopped in her vehicle at a traffic light in Texas when a defendant rear-ended her vehicle. The plaintiff subsequently sued the defendant, alleging negligence in the operation of the vehicle and claiming neck and back injuries.

The defendant disputed liability, arguing that the plaintiff had stopped unnecessarily after initially moving forward, making it impossible to avoid the collision. The plaintiff claimed the accident aggravated a pre-existing lumbar disc herniation, causing chronic pain, radicular symptoms, and limitations, and necessitating future lumbar fusion surgery. The plaintiff's treating orthopedist supported these claims.

The defense contended that the plaintiff did not suffer an aggravation of her pre-existing injury. A biomechanical expert for the defense stated the accident involved a minor impact with minimal damage to both vehicles. A defense orthopedic expert opined that any injuries were limited to minor strains that resolve quickly, and that the plaintiff's complaints of severe lower back pain and the need for fusion were unrelated to the motor vehicle accident. After a three-day trial, a jury deliberated for 1.5 hours and awarded the plaintiff $2,300.