Texas Jury Concludes Narrative Production Rules

On October 27, 2014, a rear-end collision occurred in Dallas, Texas, when the defendant's vehicle struck another car that was stopped while waiting to make a right turn onto a feeder road of U.S. 75. The impact was described as minor, and no police report was filed. Two plaintiffs, occupants of the struck vehicle, subsequently filed a lawsuit against the defendant, alleging negligence for failing to maintain a proper lookout, control speed, avoid following too closely, and failing to brake or turn to prevent the collision.

The plaintiffs claimed various injuries, including cervical, lumbar, and thoracic ligamentous and muscular damage, disc protrusions/herniations, and nerve root irritation. One plaintiff reported hitting her head on the steering wheel during the impact. Both plaintiffs sought chiropractic treatment, and MRIs revealed disc protrusions for one plaintiff and hypolordosis for both. They sought damages for past medical bills, physical pain and suffering, and physical impairment. Their counsel argued that the minor impact did not preclude significant injury and attributed any delay in treatment to their busy schedules.

The defendant acknowledged being in a rush and did not strongly dispute liability for the collision, stating he mistakenly believed the plaintiffs' vehicle had proceeded while he was looking left. However, the defense contested the extent of the plaintiffs' injuries, emphasizing the minor nature of the impact and suggesting that delayed treatment indicated a lack of injury. Both sides presented chiropractic expert testimony regarding the reasonableness and necessity of the medical bills and treatment. A defense chiropractic expert opined that much of the treatment, including MRIs, was not medically necessary, and noted that one plaintiff had a prior back injury from a 2010 motor vehicle accident.

Following the trial, a jury found the defendant negligent. The jury awarded the plaintiffs a total of $21,936. This amount included $11,831 for past medical costs and $1,000 for past physical pain and suffering for one plaintiff, and $8,605 for past medical costs and $500 for past physical pain and suffering for the other plaintiff.