Kaufman County Judge Dismisses DTPA Claims, Awards $3,975 to Defense

One driver was involved in a motor vehicle accident that resulted in an injury. The case was settled for $97,500.

A case involving a motor vehicle accident featured testimony from a plaintiff's expert specializing in vocational economics, rehabilitation counseling, disability assessment, labor economics, and lost wages. Few other details were available regarding the incident, the legal claims, or the case's conclusion.

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.

On January 3, 2017, a collision occurred on U.S. Highway 75 in Allen, Texas. A driver of a sedan, who worked part-time as an emcee, singer, and livery vehicle driver, alleged that a pickup truck driven by the defendant collided with her vehicle when the defendant changed lanes. The plaintiff claimed the incident caused back and neck injuries, including disc herniations and sprains, and subsequently filed a lawsuit against the defendant for negligence. The plaintiff contended the defendant's unsafe lane change initiated the collision and sought damages for past and future medical expenses, pain, suffering, mental anguish, and physical impairment. The defendant argued an unknown vehicle cut him off, forcing him to swerve, and designated this unknown driver as a responsible third party. The defense also questioned the reasonableness and necessity of the plaintiff's medical treatment, referencing a prior motor vehicle accident and notes suggesting attorney involvement in treatment decisions. A defense chiropractic expert opined on a significantly lower amount for reasonable past medical expenses. Following the trial, a jury returned a defense verdict. Jurors found negligence and proximate cause solely attributable to the unknown driver, not the named defendant. Although the jury answered the damages question and awarded $3,500, the plaintiff received no recovery because liability was not assigned to the defendant.

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.