The Woodlands Jury Awards $517,285 in Red-Light Collision

A motorist was awarded $517,285 in a case stemming from a 2013 car accident in The Woodlands. On October 20, 2013, the plaintiff, a telecommunications consultant, was driving a 2006 BMW sedan. While proceeding through an intersection after a red light turned green, the plaintiff's vehicle was struck by a 2013 Hyundai SUV driven by the defendant, who ran a red light while texting. The impact spun the plaintiff's vehicle 180 degrees. The plaintiff claimed the accident aggravated a congenital back defect and caused or aggravated a herniated disc, requiring future lumbar surgery.

The plaintiff sued the defendant for gross negligence, alleging texting while driving, failing to keep a proper lookout, running a red light, and failing to yield the right of way. Evidence presented included the defendant's prior rear-end collision caused by distracted driving. The plaintiff's counsel argued this demonstrated the defendant's awareness of extreme risk and conscious indifference. An orthopedic surgeon testified that the plaintiff would require future medical treatment, including a laminectomy and fusion. The plaintiff sought damages for past and future medical bills, pain, mental anguish, physical impairment, and punitive damages.

The defense did not dispute negligence but contested the claim of gross negligence, arguing no evidence of the defendant's subjective conscious indifference was presented, as the defendant was not present at trial and was not questioned on the matter during a deposition. The defense also challenged the plaintiff's injury claims, highlighting multiple inconsistent statements in medical records regarding the accident's circumstances and an entry attributing back aggravation to a vacation activity. The defense noted a period of no treatment for the plaintiff prior to trial.

After a two-day trial, a jury found the defendant both negligent and grossly negligent. The jury awarded the plaintiff $517,285.