Gene Toscano, Inc. represented a 38-year-old drilling fluids supervisor who sustained spinal injuries in a lane-change collision in San Antonio.
While driving his pickup truck westbound on De Zavala Road, the plaintiff was struck by a merging vehicle attempting to enter traffic from J.V. Bacon Parkway. The front of the plaintiff’s truck collided with the side of the merging vehicle. It was alleged that the defendant failed to properly yield when merging and caused the crash. The defense argued that the merging driver checked for traffic but did not see any, describing the incident as an unavoidable accident.
Five days after the collision, the plaintiff began chiropractic care and physical therapy for sharp pain in his neck, mid-back, and lower back. He was diagnosed with cervical strains and a lumbar disc protrusion at L5-S1, resulting in radiculitis. He received epidural steroid injections and was advised to continue home therapy, though symptoms persisted.
Although the plaintiff was involved in a second vehicle accident months later, a second opinion from an orthopedic surgeon confirmed that the injuries from the first crash were permanent and significant. The surgeon testified that the plaintiff would need both cervical and lumbar laminectomy/discectomy surgeries, with a projected cost of $370,000. These injuries were documented in MRIs taken before the second accident.
The defense claimed that the plaintiff exaggerated his injuries, pointing to his continued employment and the lack of treatment for an extended period before trial. Despite these arguments, the jury found the defendant liable and awarded $268,815 in damages for past and future medical expenses, lost wages, pain and suffering, and physical impairment.
This verdict affirmed the plaintiff’s right to compensation for serious injuries caused by a preventable merging collision, even in the face of complicating factors from a later accident.
