Texas Jury Awards $3,280.37 in Motor Vehicle Backing Accident

On May 13, 2009, in Texas, a driver was backing a mid-size sport-utility vehicle with her son as a passenger when she struck a stationary compact car. The compact car's owner was uninsured, but the driver's vehicle carried liability and uninsured motorist coverage through State Farm Mutual Insurance Company of Texas. The passenger later sought emergency room treatment, chiropractic care, and specialized medical consultations, claiming neck and back sprains, a cervical disc protrusion, and a lumbar disc bulge. His medical bills exceeded $13,000.

The passenger, as plaintiff, sued his mother, the driver, alleging unsafe backing. Alternatively, he sued the owner of the parked car for failing to maintain a proper lookout and the insurer for uninsured motorist benefits. The parked car's owner was not present during the incident. The defendant-driver contended that her son's allegations were baseless regarding both liability and damages.

Before trial, the court granted directed verdicts to the parked car's owner and the insurer. During the two-day trial, the plaintiff sought damages for medical bills, physical pain, and mental anguish. The defense argued that the plaintiff's claimed injuries were wholly pre-existing, citing conditions such as degenerative disc disease and spinal stenosis. The defense also presented photographs showing minimal vehicle damage, suggesting a minor impact.

A jury found the driver negligent and awarded the plaintiff $3,280.37 for past medical bills. The jury did not award damages for physical pain and mental anguish. Following the verdict, the plaintiff's counsel filed a motion for judgment, while the defendant's counsel argued for a $2,500 credit for personal injury protection payments made by the driver's insurer.