Texas Jury Awards $37,218 in Negligence Rear-End Collision

On May 23, 2015, a collision occurred on Interstate 10 in Texas when a defendant driver, operating a Chevrolet Cruze, struck the left rear of a Chrysler 300 in which two plaintiffs were passengers. One plaintiff was seated in the back seat. Both plaintiffs claimed neck and back injuries. The passengers subsequently filed a lawsuit against the driver, alleging negligence for failing to maintain a proper lookout, failing to stay in a single lane, and unsafe lane changes.

Prior to trial, one of the plaintiffs settled for an undisclosed amount through mediation. For the remaining plaintiff, the defense stipulated that the defendant driver's negligence caused the accident, and the case proceeded solely on the issue of damages. The defendant driver reportedly did not cooperate or attend the trial. The plaintiff sought $19,218 for past medical expenses and $18,000 for past physical pain, claiming back and neck strains, sprains, and lumbar facet joint pain. The plaintiff's treatment included chiropractic care, a neurologist visit, MRIs, and pain management involving facet joint medial branch blocks. The plaintiff's treating pain management physician testified that the treatments were reasonable and necessary.

The defense, however, argued that the plaintiff's MRIs and later pain management treatments were not medically necessary, citing the plaintiff's initial improvement with chiropractic care and significant gaps in treatment. A defense expert, an orthopedic surgeon, testified that the plaintiff sustained only a sprain/strain injury that should have resolved within a few weeks and that the more advanced treatments were unjustified and unrelated to the accident. After a two-day trial and one hour of deliberation, a jury awarded the plaintiff $37,218, which matched the combined amounts sought for past medical costs and past physical pain.