Texas Jury Awards $54.47M in Multi-Vehicle Collision

On August 28, 2012, near Orange Grove, Texas, a passenger in a Ford Sport Trac sustained severe injuries in a multi-vehicle collision. The incident occurred when the Sport Trac's driver attempted a U-turn on FM 624, colliding with an eastbound van. The Sport Trac then spun into the path of a second eastbound vehicle, a Chevrolet Silverado owned by a corporate defendant and driven by its employee, which struck the Sport Trac on the passenger side. The passenger, who was not wearing a seatbelt, suffered a spinal fracture that resulted in paraplegia.

The plaintiff passenger sued the Silverado's driver and his employer, alleging the driver followed too closely and that the employer was negligent in training its drivers on safe following distances. A plaintiff's accident reconstruction expert testified the Silverado was likely 80 to 140 feet behind the Sport Trac, an insufficient distance according to a plaintiff's trucking safety expert. The defendants denied negligence, asserting that the Sport Trac's driver, identified as a responsible third party, was solely responsible for making an illegal U-turn without proper lookout. A defense accident reconstruction expert testified the Silverado was following at a safe distance of 220 to 410 feet. The defendants also argued the plaintiff bore comparative liability for not wearing a seatbelt. Conflicting expert testimony was presented regarding the seatbelt's role in the spinal fracture and the potential for fatal injuries with or without its use.

The plaintiff sustained a burst fracture at L1, leading to permanent paraplegia, along with other spinal and internal injuries, requiring extensive hospitalization, surgery, and rehabilitation. The plaintiff sought damages for past and future medical costs, lost income, pain and suffering, and punitive damages, with experts estimating millions in future care and lost earnings.

After an eight-day trial, a jury found the corporate defendant 34 percent liable, the Sport Trac's driver 30 percent liable, the Silverado's driver 28 percent liable, and the plaintiff 8 percent comparatively liable. The jury awarded $34.22 million in actual damages, reduced to $21.22 million due to comparative liability. Additionally, the jury awarded $33 million in punitive damages against the corporate defendant and $250,000 against its employee, resulting in a total net verdict of $54.47 million for the plaintiff.