Texas Jury Finds Comparative Negligence, Awards $301,504 in Parking Lot Crash

On August 24, 2016, a plaintiff was pinned between two sedans in a parking space after the defendant, backing out, collided with the plaintiff's vehicle. The incident occurred while the plaintiff was at the rear passenger door of her car, retrieving her son. The plaintiff sustained injuries to her sacroiliac joint, lower back, and left leg. Subsequently, the plaintiff filed a lawsuit alleging the defendant negligently operated her vehicle by backing unsafely and failing to maintain a proper lookout.

The plaintiff claimed the defendant was solely negligent. The defendant, insured by Government Employees Insurance Co., argued that neither party was negligent or that the plaintiff was at fault. The defendant testified she checked her mirrors and camera before backing up and assumed the plaintiff would wait. Defense counsel also highlighted the plaintiff's acknowledgment of being in a hurry and observing the defendant begin to back out. The plaintiff sought extensive damages, including $102,512.20 for past medical expenses, $700,000 for future medical expenses, and additional compensation for pain, suffering, mental anguish, and physical impairment, totaling $4.3 million. Medical experts, including a life care planner, testified on the plaintiff's behalf regarding her injuries and future care needs, which included 11 injections and an estimated $700,000 in future care.

After a three-day trial and 4.75 hours of deliberation, the jury found both parties negligent. The jury attributed 60 percent of the responsibility to the defendant and 40 percent to the plaintiff. The jury awarded the plaintiff $502,507.32 in total damages. Due to the finding of comparative negligence, the net award to the plaintiff was reduced to $301,504.39.