Allen, Texas Jury Issues Defense Verdict in Unsafe Lane Change

On March 1, 2015, a student driving a pickup truck in Allen, Texas, was rear-ended by a sports car while stopped at a light. The student, who became the plaintiff, alleged negligence by the sports car's driver, the defendant, claiming injuries to the back, head, and neck. The defendant denied negligence, attributing the collision to brake failure, though he acknowledged not having his brakes checked after the incident. The plaintiff reported immediate neck, back, and head pain, receiving a concussion diagnosis at an emergency room before being released. Following physical therapy and cervical and lumbar MRIs that showed a disc herniation and bulging discs, the plaintiff ceased treatment for over two years. In October 2017, the plaintiff sought further care, including an epidural steroid injection and a recommendation for cervical discectomy and fusion surgery. A neuropsychologist later diagnosed post-concussion syndrome. The plaintiff's orthopedic surgeon testified that all treatments were reasonable, necessary, accident-related, and that the recommended surgery would cost approximately $150,000. The defense's orthopedic expert countered, stating the cervical MRI indicated only a disc bulge, not a herniation, and that lumbar findings were minor, precluding the need for further surgery. The defense argued the plaintiff's neck injury and neuropsychological issues likely stemmed from playing football, highlighted the referral of the plaintiff to a surgeon by an attorney, and emphasized the significant gap in treatment. After a two-day trial and 1.25 minutes of deliberation, the jury found the defendant negligent and awarded the plaintiff $255,500. Subsequently, the parties settled for $283,915.76, which included prejudgment interest and taxable costs, in lieu of a judgment being entered.

On December 11, 2017, a vehicle carrying two plaintiffs, a driver and a front-seat passenger, was struck from behind on Interstate 380 in Collin County, Texas. The plaintiffs subsequently sued the driver of the trailing vehicle, alleging negligence in the operation of her vehicle. The defendant driver conceded liability for the collision, and the trial proceeded solely on the issues of the plaintiffs' injuries and damages. Both plaintiffs claimed neck and back disc herniations, sought emergency room treatment, underwent chiropractic care, and reported residual pain and limitations in daily activities. They sought to recover damages for past and future medical costs, past and future pain and suffering, and past and future physical impairment. Following a three-day trial, a jury deliberated for two hours before awarding the driver plaintiff $25,016 in damages and the passenger plaintiff $25,273 in damages. The total award was $50,289.

In May 2018, a plaintiff's vehicle was rear-ended by a trailing car on Highway 121 near Preston Road in Frisco, Texas. The plaintiff, who claimed neck and back injuries, subsequently sued the driver of the trailing car for negligence. An initial claim against the alleged owner of the trailing vehicle, based on vicarious liability, was discontinued during trial. The plaintiff contended that the defendant failed to maintain due caution during a severe rainstorm and that the plaintiff's vehicle lights were activated. The plaintiff sought damages for past medical expenses, pain, and anguish, along with future pain and anguish, totaling over $27,000. The defense argued the plaintiff's vehicle lights were not on, hindering visibility. The defense also maintained that the collision was minor and could not have caused the claimed injuries, presenting photographs showing minimal vehicular damage. Following a two-day trial and 28 hours of deliberation, the jury rendered a defense verdict. The jury did not find that either party's negligence proximately caused the accident.

A vehicle collision in Collin County, Texas, prompted a lawsuit seeking damages for personal injuries. The plaintiffs alleged they were injured when their vehicle was rear-ended by a vehicle operated by the defendant. They filed a complaint in the District Court for Collin County, Texas, seeking to recover for their injuries. One plaintiff's claim was severed and tried separately. In the initial trial involving two plaintiffs, a jury found all parties negligent. The jury apportioned 98 percent of the responsibility to one plaintiff, 1 percent to another plaintiff, and 1 percent to the defendant. No damages were awarded. The court subsequently entered a take-nothing judgment in favor of the defendant. Later, a jury rendered a verdict in favor of the defendant on the severed claim, and judgment was entered accordingly. An appellate court later affirmed the trial court's decisions.

On February 20, 2015, a collision occurred on President George Bush Turnpike in Collin County involving a 2008 Chevrolet HHR driven by the plaintiff and a 2013 GMC Sierra driven by the defendant. The plaintiff alleged the defendant unsafely changed lanes, striking the plaintiff's vehicle, which then hit a concrete barrier. The plaintiff further claimed the defendant stopped suddenly on the shoulder, causing the plaintiff to rear-end the defendant. The plaintiff, who sustained neck, back, and knee injuries, subsequently filed a lawsuit alleging the defendant's negligence, including failure to maintain a single lane, unsafe lane change, improper lookout, and unsafe stopping. The defendant countered that the plaintiff initiated the collision by moving into the defendant's lane. The defendant stated that the plaintiff then stopped on the shoulder, and the defendant stopped normally about 100 yards ahead, before the plaintiff intentionally rear-ended the defendant. Following the collision, the plaintiff admitted to physically assaulting the defendant, citing anger over the incident and the defendant's alleged sudden stop. The plaintiff sought compensation for past medical bills totaling $22,469, past lost wages, and past and future pain, suffering, and mental anguish. The defense contended the plaintiff's claimed injuries were pre-existing and challenged the plaintiff's credibility, noting inconsistencies in past medical history and that the lost wage claim was supported solely by the plaintiff's testimony. After a two-day trial, the jury deliberated for two hours. The jury concluded that only the plaintiff was negligent in the incident and awarded zero damages.