Harris County Jury Awards $9,973 in Pavement Defect Injury

On December 12, 2012, a collision occurred in McKinney, Texas, involving a vehicle driven by the plaintiff, a convenience store clerk, and a vehicle operated by the defendant. The plaintiff was traveling northbound on Custer Road when the defendant, who was at a stop sign on Cotton Ridge Road, attempted a right turn. The plaintiff's vehicle struck the defendant's vehicle in the middle northbound lane of Custer Road. The plaintiff subsequently filed a lawsuit, alleging the defendant negligently entered the lane, failed to keep a proper lookout, yield the right of way, and make a safe turn. The plaintiff claimed multiple injuries from the incident. An eyewitness testified that the defendant's vehicle entered the plaintiff's lane, and both the eyewitness and the investigating officer attributed fault to the defendant. The defendant, however, denied negligence, testifying that her vehicle sustained no damage and she was unsure if contact occurred. She asserted she turned into the right lane, not the middle lane, and suggested the plaintiff may have drifted. The defense also argued the investigating officer did not witness the accident, that the corner lacked adequate lighting, and that the plaintiff's vehicle damage might have been pre-existing. The defense impeached the plaintiff regarding the time of day the accident occurred. The plaintiff claimed neck and back sprains, hip and shoulder injuries, headaches, a concussion, and post-concussion syndrome, undergoing treatment with a chiropractor, neurologist, and pain management specialist. The plaintiff sought compensation for past medical bills totaling over $37,000, along with non-economic damages. The defense countered by highlighting the plaintiff's extensive history of prior neck, back, and shoulder injuries and treatments. A defense expert, an orthopedic surgeon, testified that only a limited number of chiropractic visits were medically necessary due to the accident, estimating the related medical costs at approximately $2,000. After a one-day trial and four hours of deliberation, the jury found the defendant solely negligent. The jury awarded the plaintiff $38,842.97 in damages.

A minor sustained back, head, and neck injuries in a motor vehicle accident in Texas. The plaintiff subsequently filed a personal injury lawsuit, alleging the incident caused the injuries and seeking damages. During the proceedings, the plaintiff presented expert testimony from a neurologist specializing in pain management, a neuropsychologist, and an economist. The defense called an expert in aerospace and occupational medicine. The case concluded with an award of $27,255.

On August 4, 2017, a collision occurred in Allen, Texas, at the intersection of West Exchange Parkway and Twin Creeks Drive. The plaintiff, an office assistant, was driving westbound when the defendant, driving eastbound, attempted a left turn. The vehicles collided, and an investigating officer determined the defendant failed to yield the right of way. The plaintiff subsequently filed a lawsuit alleging negligent vehicle operation, with the defendant admitting liability. The plaintiff claimed neck, back, and left knee sprains and strains, requiring medical treatment and physical therapy. While acknowledging prior neck surgery and a 2016 neck injury, the plaintiff's counsel argued medical records showed no prior knee complaints and limited significant neck issues before the 2017 accident, noting increased pain and impairment afterward. The plaintiff sought over $19,000 for past medical expenses and substantial total damages. The defense highlighted the plaintiff's prior neck issues and a delay in reporting knee pain. The defense contended that ongoing problems stemmed from pre-existing conditions, age, or normal wear and tear. A jury awarded the plaintiff $83,631 in damages.

Physical Therapy

On September 2, 2016, a collision occurred in a Plano parking lot. A plaintiff, a hotel hostess and gift-shop attendant, was driving in an aisle next to a street when a defendant, driving on the street, made a right turn into the parking lot driveway. The vehicles collided. The plaintiff claimed neck, back, and knee injuries and subsequently sued the defendant, alleging negligence in the operation of her vehicle. The plaintiff testified that she was making a left turn at the driveway when the defendant turned into it, claiming the driveway was wide enough for two vehicles but the defendant made too wide a turn. The defendant denied making a wide turn, asserting her turn was completed when the plaintiff's vehicle scraped across her front end. Photos of vehicle damage, showing front-distributed damage to the defendant's car and left front corner to driver's door damage to the plaintiff's, were presented as evidence, which defense counsel argued supported the defendant's account. The plaintiff underwent various treatments, including emergency room care, physical therapy, pain management, and MRIs revealing a meniscus tear, disc protrusions, stenosis, and a disc bulge. She sought damages for past and future medical expenses, physical pain, mental anguish, and physical impairment. Defense counsel argued the impact was not major, highlighted delays and gaps in the plaintiff's treatment, and impeached the plaintiff with evidence of a prior accident and chiropractic care despite her testimony denying previous injuries. Following a one-day trial, a jury rendered a defense verdict. The jury found that neither party's negligence, if any, proximately caused the accident. Consequently, the damages question was not addressed.