Wichita Falls Jury Awards $5,500 in Parking Lot Accident

In June 2015, a seven-year-old child was struck by a vehicle in a wholesale club store parking lot in Wichita Falls, Texas. The child, who was walking towards his mother after being at a food stand with his father, suffered head, leg, and wrist injuries, including a cut lip, abrasions, and loose teeth. His father, acting on his behalf, filed a lawsuit against the driver of the vehicle, alleging negligence.

The plaintiff contended the defendant driver failed to keep a proper lookout and drove at an unsafe speed, citing an investigating police officer's report and testimony from a store employee who claimed the defendant was speeding. The defendant argued she was driving slowly, at approximately 5 mph in a 10 mph lot, and that the child's height, combined with the layout of the parking lot, made him difficult to see. An eyewitness corroborated the defendant's slow speed, and security video footage was presented that the defense stated showed the vehicle moving at an appropriate speed. The defense also raised a comparative negligence claim against the father for insufficient supervision. While the plaintiff sought substantial damages for medical expenses, pain, and impairment, the defense disputed the extent of injuries, suggesting some dental issues were unrelated and that leg pain might be growing pains.

After a two-day trial, the jury found the defendant 55% negligent and the child's father 45% comparatively negligent. The jury awarded the plaintiff $10,000 in total damages, covering past medical costs, future medical costs, past physical pain and suffering, and past mental anguish. Following the reduction for comparative responsibility, the final recovery for the child was $5,500.