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Plaintiff Awarded $904,337 in Auto Accident Lawsuit

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Rachel Moody3 years ago

The plaintiff of a lawsuit concerning a motor vehicle accident has been awarded $904,377.58 by a Travis County jury.

About the Motor Vehicle Collision

According to Verdict Search, the plaintiff, a 62-year-old dentist, was driving east on a road in Austin, Texas on April 27, 2010 when she was involved in an accident with a pickup truck that was being driven by the defendant. The plaintiff claimed multiple injuries as a result of the collision. 

She sued the defendant, claiming she was stopped while waiting to make a left turn when the defendant failed to keep a proper lookout or control his speed and rear-ended her.  The plaintiff’s accident reconstruction expert testified the defendant failed to keep a safe distance or speed.

The plaintiff testified she did not see the defendant’s head until shortly before the accident, and her counsel maintained this suggested he was reaching for an item on the floor and not keeping his eyes on the road

Defense counsel maintained the plaintiff had made a right turn from a side street onto the right lane of the road before changing into the left lane and coming to a sudden and unexpected stop.  They maintained this left the defendant with no opportunity to avoid the collision. 

The plaintiff’s accident reconstruction expert testified the turn radius of the plaintiff’s car made it impossible for her to have made the right turn as sharp as the one the defense claims she made. 

Plaintiff Seeks Treatment for Injuries

The plaintiff sought treatment the day after the collision.  She testified that emergency responders on the scene advised that she did not need hospital treatment.  She claimed facet syndrome in her back at C4-5 and C5-6 and a torn labrum in her dominant right shoulder. 

The plaintiff underwent various treatments for her injuries, including more than 160 physical therapy sessions; three epidural steroid injections in her neck and five in her shoulder; medical branch block injections; a radiofrequency neurotomy; and dry needling. 

The plaintiff’s treating physicians and life care planning expert testified she will require a two-level cervical fusion and shoulder replacement surgery.  Her counsel maintained she is under severe lifting restrictions and is unable to row, engage in workouts, lift her grandchildren, or participate in other physical activities she engaged in prior to the collision.  They also maintain that the posture and arm motions required in dentistry are now extremely painful, which has forced her to severely cut back the number of patients she sees. 

The plaintiff’s economics expert testified this has reduced her yearly income from $175,000 prior to the collision to $40,000 in 2013.  The plaintiff’s business valuation expert testified this has reduced the value of her practice by approximately $285,000. 

Plaintiff Awarded $904,377 Verdict

The defendant was found to be liable and the plaintiff was awarded $904,377.58.  $299,378 was awarded for future medical cost; $50,000 was awarded for past physical impairment; $100,000 was awarded for past lost earnings capability; $350,000 was awarded for future lost earnings capability; $70,000 was awarded for past pain and suffering; and $35,000 was awarded for future pain and suffering.  


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