Texas Jury Awards $7,700 in Grapevine Hotel Collision

In April 2012, a nurse was involved in a collision in a hotel parking lot in Grapevine, Texas. Her sport utility vehicle was struck by a hotel shuttle van reversing from the hotel's entrance. The plaintiff alleged the van driver, an employee of Irving Lodging L.L.C., failed to maintain a safe distance while backing up.

The plaintiff claimed multiple lower back injuries, including a lumbar strain, sprain, and eventually an L5-S1 lumbar tear, which necessitated a three-level laminectomy and internal fixation surgery. She sought damages for over $61,000 in medical bills, $8,900 in lost wages, and for ongoing pain, suffering, mental anguish, and physical impairment. Her neurosurgeon testified that the injuries and treatment were causally related to the accident. The defendant driver maintained that he had checked behind his vehicle and in his rearview mirror before reversing.

The defense disputed the extent of the plaintiff's injuries and their causation, arguing her surgery stemmed from pre-existing lower back issues, including a prior back surgery in 1998. The defense also presented evidence that the plaintiff had complained of back and leg pain before the accident and, in medical records, claimed to have re-injured her back by lifting her daughter shortly before her annular tear diagnosis. The plaintiff denied these claims.

Following a three-day trial and three hours of deliberation, the jury found the defendant driver negligent. The jury awarded the plaintiff $7,700, including $5,700 for past medical costs and $2,000 for past pain and suffering and mental anguish. The reduced award, significantly less than the claimed damages, suggested the jury may have attributed only a portion of the plaintiff's claimed injuries and medical expenses to the accident, potentially influenced by the defense's arguments regarding pre-existing conditions.