Pima County Jury Awards Over $400K in Bad Faith Claim

One driver stopped for a school bus and was hit from behind by a pickup truck. The pickup truck driver was distracted by a cell phone call. The injured driver claimed back and neck injuries. The case proceeded to trial against the pickup truck driver and his employer.

On February 12, 2017, a plaintiff driving in Plano, Texas, slowed for traffic when their vehicle was rear-ended by an SUV. The plaintiff reported sustaining back and neck injuries from the collision. The plaintiff subsequently filed a lawsuit against the driver of the SUV, the vehicle's owner, and their own insurer for first-party benefits. The claims against the driver and vehicle owner were later discontinued after it was determined they were uninsured. The case then proceeded against the insurer, which conceded liability, focusing the trial solely on the issue of damages. The plaintiff claimed the accident aggravated pre-existing scoliosis and caused new injuries, including radiating pain and a cervical disc herniation. Evidence showed the plaintiff sought emergency medical care on the day of the accident and subsequently underwent extensive treatment, including chiropractic sessions, pain management procedures like lumbar and cervical rhizotomies, and epidural steroid injections over a two-year period. A medical expert for the plaintiff testified that the pre-existing scoliosis made the spine more susceptible to injury and attributed the treatment and complaints prior to a later motorcycle accident to the February 2017 collision. The defense, while conceding liability for the collision, disputed the extent of the claimed damages. Defense counsel argued that the accident did not aggravate the plaintiff's pre-existing conditions, that medical charges were excessive, and pointed to minimal damage to the vehicles and gaps in the plaintiff's treatment history. The defense suggested an award for only immediate medical expenses. After a two-day trial and two hours of deliberation, the jury returned a verdict in favor of the plaintiff, awarding $80,000. This amount included $35,000 for past medical costs, $22,500 for past physical pain, and $22,500 for past mental anguish.

On April 26, 2013, a three-vehicle rear-end collision occurred on Texas State Highway 75 in Plano. A Chevrolet Cobalt rear-ended a Nissan Maxima, causing the Maxima to then strike a Nissan Altima in front of it. The insurer of the Altima initially sued the drivers of the Maxima and the Cobalt for property damage, but these claims were resolved before trial. The driver of the Maxima, acting as the cross-plaintiff, then pursued claims against the driver of the Cobalt, who was the defendant, for personal injuries and property damage. The cross-plaintiff alleged the defendant failed to control speed and maintain a safe distance. Following the incident, the cross-plaintiff reported neck and lower back pain, undergoing chiropractic treatment for two months. Medical imaging allegedly revealed disc bulges and protrusions, and a cervical strain/sprain. The cross-plaintiff sought approximately $12,000 for medical costs, along with damages for past pain, physical impairment, and property damage, claiming inability to continue weightlifting or assist his son in football. The defendant's counsel, whose client did not appear at trial, countered that the cross-plaintiff had initially rear-ended the Altima and then slowed, leading to the second impact. The defense also argued any injuries would have resolved post-treatment. After a one-day trial in Plano, a jury found the defendant negligent and that this negligence was a factual cause of injury to the cross-plaintiff. The jury awarded the cross-plaintiff $22,500. This included $7,500 for past medical costs, $2,000 for past physical impairment, $3,000 for past pain and suffering, and $10,000 for property damage.

On April 17, 2015, a plaintiff's sedan was rear-ended by another vehicle while stopped at a red light in Collin County. The plaintiff, an auto parts department employee, claimed neck, back, and shoulder injuries. The plaintiff sued the defendant, alleging negligent vehicle operation due to failure to keep a proper lookout and control speed. The court denied the plaintiff's motion to add a gross negligence claim, arguing the defendant fell asleep at the wheel, as untimely. The defendant stipulated to liability, and the case proceeded on injury causation and damages. The plaintiff contended the injuries, including sprains and strains, were directly caused by the accident and not pre-existing conditions, citing physical therapy and orthopedic treatment. The plaintiff sought $2,006.89 for past medical expenses, $4,000 for past physical pain and mental anguish, and $2,000 for past physical impairment. The defense countered that the conditions were pre-existing and unrelated to the minor impact, presenting photos of minimal property damage. The defense also cited degenerative conditions in medical records, gaps in therapy visits, and missing records to challenge the claims, arguing for a zero award. The court excluded some MRI records due to improper affidavits but admitted other bills and property damage photos. After a two-day trial and one hour of deliberation, the jury awarded the plaintiff $1,364.12.

In August 2016, a sedan carrying two passengers, a 40-year-old plaintiff and her 16-year-old son, was rear-ended by a compact pickup truck at a red light in Rockwall County. The driver of the sedan, who later died of unrelated causes and settled claims before trial, was also a plaintiff in the initial suit. The passengers, residents of Rockwall County, subsequently sued the driver of the pickup truck, a resident of Collin County, alleging negligence in the operation of his vehicle. The plaintiffs claimed the collision caused various injuries. The adult plaintiff reported back and knee issues, including lumbar facet syndrome and chondromalacia, and sought damages for past and future medical expenses, lost wages, pain, and impairment. The minor plaintiff (an adult by trial) claimed neck, back, and a hyperextended finger injury, seeking past and future medical expenses, pain, and impairment. The defense denied negligence, stating the driver was not distracted and almost stopped. It also disputed the causation and extent of the claimed injuries, pointing to minimal vehicle damage, hospital records describing a low-velocity impact, and inconsistencies in the adult plaintiff's employment and medical history. After a one-day trial, the jury deliberated for 3.5 hours before finding the defendant liable for the collision. However, the jury awarded damages solely for past medical expenses, totaling $2,705.36 to the adult plaintiff and $2,313.82 to the other plaintiff, for a combined award of $5,019. The outcome indicated the jury accepted the defendant's liability for the incident but largely agreed with the defense's arguments disputing the scope, causation, and necessity of the plaintiffs' claimed medical treatment and other damages.