The Woodlands Jury Awards $18,437.31 in Red-Light Collision

On August 5, 2013, a collision occurred at the intersection of New Trails Drive and Research Forest Drive in The Woodlands, Texas. The plaintiff was driving a 2010 Mercedes-Benz S550 when the defendant, operating a 2011 Kia Soul, ran a red light and struck the plaintiff's vehicle. The plaintiff sustained neck, back, and hand injuries. The plaintiff subsequently filed a lawsuit, alleging the defendant was negligent by running a red light, failing to yield the right of way, failing to keep a proper lookout, and using a cell phone at the time of the incident.

While the defendant did not strongly dispute negligence for the collision, the defendant denied being on a cell phone during the crash, presenting wireless provider records and witness testimony to support the claim that a call was made after the accident. Regarding injuries, the defense argued that the plaintiff's trigger thumb condition was age-related rather than trauma-induced, noting its first mention in medical records 32 days post-accident. The defense also contended that the plaintiff failed to mitigate damages by not undergoing recommended thumb surgery and disputed a portion of the vehicle's diminished value claim, citing incomplete repairs.

After a two-day trial, the jury deliberated for three hours. The jury found the defendant negligent and determined that the plaintiff's actions did not proximately cause the accident. The jury awarded the plaintiff $18,437.31 in damages for past medical expenses, past physical impairment, past physical pain and mental anguish, loss of use of the vehicle, and diminution in value of the vehicle. The awarded amount was less than the total damages sought by the plaintiff.