New Orleans Jury Awards $1,241,773 in DWI Rear-End Collision

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.

One driver was stopped at a red light when the other driver rear-ended their vehicle. The driver who was rear-ended claimed injuries to their neck and lower back. The other driver argued they were not negligent and that the impact was minor. The jury found the driver who caused the collision not liable.

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.

One driver was stopped in traffic when the other driver rear-ended her. The injured driver claimed neck and back strains, sprains, and shoulder pain. She also claimed anxiety for her unborn child. The defense argued that the defendant's actions did not cause the injuries and questioned the extent of the claimed damages.