Travis County Jury Awards $2,300 in Rear-End Collision

On March 6, 2013, a collision occurred in a parking lot in Travis County, Texas. A plaintiff, operating a sedan and waiting to make a left turn onto the 1900 block of West Koenig Lane, was struck in the rear by a defendant who was backing out of a parking space. No police report was filed for the incident.

The plaintiff subsequently filed a lawsuit alleging the defendant negligently failed to keep a proper lookout and backed unsafely. The court granted a directed verdict on liability after the defendant acknowledged fault during cross-examination. The plaintiff claimed the accident aggravated pre-existing chronic lower back pain, fibromyalgia, rheumatoid arthritis, and degenerative conditions, in addition to causing new neck pain and headaches. Medical treatment included an emergency room visit, primary care, and chiropractic care, totaling approximately $8,600 in medical bills. The plaintiff sought compensation for past and future physical pain, mental anguish, and future medical expenses.

The defense contended the parking lot impact was minor and that the plaintiff's injuries were entirely pre-existing, citing minimal damage to the defendant's vehicle and the plaintiff's history of prior injuries to the same body areas. Evidence also indicated the plaintiff had sought chiropractic treatment for lower back pain just two weeks before the accident, and emergency room records stated the plaintiff's pain was 0 on a scale of 1 to 10 upon discharge.

Following a two-day trial, the jury deliberated for two hours and awarded the plaintiff $2,300 for past medical bills, specifically covering the emergency room and primary care doctor visits. The award did not include the majority of the requested chiropractic costs. The final judgment, including prejudgment interest and taxable costs, amounted to $3,799.90.