Texas Jury Awards $7,470 for Medical Care in Rear-End Collision

A vehicle collision occurred on February 3, 2015, on the 610 South Loop Freeway when the defendant's vehicle struck the plaintiff's vehicle from behind. The plaintiff filed a lawsuit on January 5, 2017, alleging the defendant's negligence, citing failures to control speed, maintain an assured clear distance, keep a proper lookout, brake timely, drive at appropriate speed, and steer to avoid the collision. The plaintiff claimed serious bodily injuries and sought damages. The defendant responded with a general denial of the allegations and asserted a defense to limit recovery for medical expenses to the amount actually paid or incurred.

During pre-trial proceedings, the court granted the plaintiff's motion to strike the defendant's counter-affidavit on December 27, 2018. The case proceeded to trial after an agreed continuance.

On October 22, 2019, a jury returned a unanimous verdict, finding that the defendant's negligence proximately caused the collision. The jury awarded the plaintiff $7,470.00 for reasonable expenses of necessary medical care incurred in the past. However, the jury awarded no damages for future medical expenses, past or future physical pain, past or future mental anguish, or past physical impairment. A final judgment entered on December 16, 2019, awarded the plaintiff $7,470.00 in damages, $1,654.65 in prejudgment interest, post-judgment interest, and $301.55 in court costs, totaling $9,426.20.