Dallas County Jury Awards $9,901 for Medical Care in Rear-End Collision

In January 2015, a plaintiff, a financial planner, was involved in a multi-vehicle collision on Eldorado Parkway in McKinney. The plaintiff's pickup truck was struck from the rear by another pickup, driven by a 16-year-old, which propelled the plaintiff's vehicle into a preceding car. The plaintiff initially reported neck, back, and head injuries, later alleging a traumatic brain injury and subsequent cognitive impairment. The plaintiff sued the teenage driver for negligence in operating the vehicle and initially sued the driver's parents, as owners of the vehicle, for negligent entrustment. Claims against the parents were later dismissed. The defendant driver conceded liability for the collision, and the trial proceeded solely on the issue of damages. The plaintiff sought over $812,000, including significant damages for loss of earning capacity, past and future mental anguish, and physical pain and impairment. An economist expert for the plaintiff testified to over $600,000 in lost earning capacity. The defense acknowledged soft-tissue injuries but disputed the severity and causation of the alleged traumatic brain injury. Defense counsel highlighted that the plaintiff initially denied injury at the scene, did not report head injury complaints for several months, and underwent neurological and neuropsychological testing that was largely normal. A defense neurology expert opined that memory and cognitive complaints were not caused by the accident, while a defense economics expert challenged the plaintiff's methodology for lost earning capacity. The defense also noted the plaintiff had not sought treatment for more than three years prior to trial. After a three-day trial, the jury deliberated for three hours and returned a verdict, awarding the plaintiff $22,000. However, the parties had previously entered a high-low agreement, setting parameters between $50,000 and $450,000. Pursuant to this agreement, the plaintiff recovered $50,000.

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.

One driver was stopped in traffic when their vehicle was struck from behind by another vehicle. The driver who was rear-ended claimed injuries to their back and neck. The case proceeded to trial to determine damages, as liability was conceded.

On January 3, 2017, a collision occurred on U.S. Highway 75 in Allen, Texas. The plaintiff was driving north when the defendant, in an adjacent lane, entered the plaintiff's lane. The defendant's pickup truck and the plaintiff's sedan collided. The plaintiff claimed injuries to her back and neck. The plaintiff filed a lawsuit alleging the defendant's negligence in operating his vehicle, specifically an unsafe lane change that caused the collision. She asserted herniated cervical discs, along with back and neck sprains and strains. She underwent physical therapy and received lumbar injections, testifying to ongoing pain that limited her daily activities. The plaintiff sought damages for past and future medical expenses, pain and suffering, mental anguish, and physical impairment. The defendant countered that an unknown vehicle had cut him off, forcing him to swerve. While the police report noted an unknown vehicle, the investigating officer faulted the defendant for an unsafe lane change. The defense questioned the reasonableness and necessity of the plaintiff's medical treatment, noting a prior motor vehicle accident and attorney involvement in treatment decisions. A defense expert opined that a significantly lower amount for past medical expenses would have been reasonable. The jury returned a defense verdict. It found negligence and proximate cause applied solely to the unknown driver, not the named defendant. Although the jury answered the damages question and awarded $3,500, the plaintiff took nothing from the named defendant because no liability was assigned to the defendant.

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.