Troy, Texas Jury Awards $100,000 in Rear-End Collision

On September 3, 2015, a multi-vehicle collision occurred on I-35 in Troy, Texas, involving a commercial truck driven by the plaintiff. While the plaintiff's tanker truck was stopped for traffic, it was rear-ended by another commercial truck, operated by the defendant driver in the course of their employment with the defendant employer. This impact propelled the plaintiff's truck into the vehicle in front of it. The defendant driver's truck was also subsequently rear-ended by a third vehicle. The plaintiff sustained neck and back injuries and filed a lawsuit against the defendant driver and the defendant employer, alleging negligence and vicarious liability. The driver of the third vehicle was later dismissed from the case.

Before trial, several of the plaintiff's initial claims were dismissed on summary judgment, and liability for negligence was conceded by the defense. The case proceeded to trial solely on the issues of causation and damages. The plaintiff presented evidence of neck and back injuries, including disc bulges and herniations that led to cervical fusion surgery, with additional lumbar surgery recommended. The plaintiff claimed these injuries affected daily activities and earning capacity, seeking damages for past and future medical expenses, impairment, and pain and suffering.

The defense challenged causation and the extent of injuries, noting the plaintiff's delay in seeking medical treatment and lack of immediate complaints at the scene or the following day. A defense expert spinal surgeon testified that pain would typically manifest closer to the time of an injury. The defense also highlighted the plaintiff's activities shortly after the crash, including working and playing with a band, and suggested the injuries were related to a prior accident in March 2015 involving similar complaints. Additionally, the defense argued that the plaintiff's medical bills were excessive, stating a specific surgical procedure was significantly overpriced.

After a four-day trial and 3.5 hours of deliberation, the jury returned a unanimous verdict, awarding the plaintiff $100,000 in damages. The award included $40,000 for past medical costs, $40,000 for future medical costs, $10,000 for past pain and suffering, and $10,000 for future pain and suffering. A defense motion for a directed verdict on claims for past and future lost earnings was denied; however, the judge subsequently excluded these claims from the jury's consideration on the verdict sheet.