Texas Jury Awards $7,000,000 in Rear-End Collision

A motor vehicle negligence action was filed following a rear-end collision involving a then-39-year-old plaintiff driver and a pick-up truck operated by a defendant driver in the course of employment for a car dealership. The plaintiff sustained an aortic pseudoaneurysm requiring emergency surgery, an unstable L5 burst fracture, a C7-T1 fracture, bilateral pneumothorax and hemothorax, a flail chest with eight fractured ribs, and a severe hip contusion. The plaintiff required extensive surgeries, including lung expansion and drainage, laminectomies, a two-level lumbar fusion, and plating for the ribs. The plaintiff alleged the defendant driver was negligent and grossly negligent, and the employer negligently entrusted the vehicle.

The plaintiff contended the defendant driver was speeding and weaving before striking the plaintiff's vehicle, which was slowing for traffic. Vehicle sensor data indicated the plaintiff was traveling 4 mph when struck by the defendant's truck traveling 71 mph. Witness testimony supported claims of speeding and weaving. The plaintiff also alleged the defendant driver was watching a music video, a claim supported by the driver's deposition. The plaintiff maintained permanent restrictions, a projected need for future spinal surgery, and a lost earning capacity of approximately $1,000,000 as a floor installer. The defendant conceded the driver's negligence but denied gross negligence and negligent entrustment, arguing a cell phone expert's analysis showed insufficient data for a music video, suggesting the driver was likely only listening to music. The defendant also disputed that the driver's prior speeding violations, committed outside of employment, constituted negligent entrustment.

A jury found the defendant driver 80% negligent and the employer 20% negligent on a theory of negligent entrustment. Two jurors found for the defense on the gross negligence claim, preventing a unanimous finding and thereby precluding punitive damages. The jury awarded the plaintiff $7,000,000. This amount included $119,000 for past medical bills, $518,000 for future medical bills, $1,063,000 for future physical impairment, $2,000,000 for future physical pain, and $1,000,000 for future diminution of earning capacity.