Waco, Texas Court Awards $5,000 in Rear-End Collision Bench Trial

On May 21, 2011, a rear-end collision occurred in Waco, Texas, when an uninsured driver struck a Dodge Stratus stopped at a stop sign. The driver of the Stratus, insured by California Casualty Indemnity Exchange, reported neck and back injuries. She sought treatment at an emergency room, where she was diagnosed with a back contusion and cervical sprain/strain.

Following the incident, the plaintiff's insured filed an uninsured motorist claim with California Casualty Indemnity Exchange, which paid the claim. As a subrogee, California Casualty then sued the uninsured driver for negligence, alleging he failed to keep a proper lookout, control his speed, follow at a safe distance, and brake in time to avoid the collision. The plaintiff's insured claimed extensive injuries, including herniated cervical discs requiring surgery, and sought damages for past and future medical bills, pain, and impairment, totaling approximately $32,000 in paid or incurred medical expenses by the time of trial.

The defendant, testifying through an interpreter, argued that the plaintiff's insured had started to proceed and then stopped unexpectedly, resulting in only a minor impact. The defense presented evidence of minimal damage to both vehicles and contended that the claimed injuries, particularly the neck surgery, were not causally related to the accident. The defense also successfully objected to the admissibility of evidence regarding the cost of the surgery.

After a one-day bench trial, the court ruled in favor of California Casualty Indemnity Exchange and awarded the plaintiff $5,000. The outcome reflected the court's consideration of the defendant's arguments regarding the minor nature of the collision and the contested causation and costs of the plaintiff's insured's medical treatment.