Gene Toscano, Inc. represented a 30-year-old elementary school teacher who suffered spinal injuries after being rear-ended during rush hour traffic on Interstate 35 in San Antonio.
The plaintiff was driving a compact car when she was struck from behind by another vehicle traveling at approximately 45 miles per hour. The defendant admitted she was momentarily distracted by her crying child in the back seat and accidentally stepped on the accelerator instead of the brake when she noticed traffic had stopped.
The plaintiff sued for negligent operation of a motor vehicle. While the defendant acknowledged causing the accident, she denied negligence, claiming her response was reasonable under the circumstances.
Both vehicles were totaled. The plaintiff was diagnosed with severe sprains in the cervical, thoracic, and lumbar spine, including a 5-millimeter disc protrusion with thecal sac impingement at L5-S1 and disc bulges at L4-L5 and T11-T12. She began physical therapy five days after the crash and underwent additional pain management. Her past medical expenses totaled $10,799.
She sought between $156,000 and $252,000 for future medical costs based on a 25-year life care plan, which included a two-level discectomy and fusion, rehab, ongoing therapy, medication, diagnostics, and injections. She also requested compensation for physical pain and suffering, both past and future. Her physician imposed a permanent 20-pound lifting restriction, and she testified to a loss in quality of life, including her inability to participate in recreational sports like volleyball and softball.
The defense argued that her condition was degenerative and unrelated to the crash. They also introduced surveillance footage of the plaintiff riding amusement park rides, including roller coasters, to question the severity of her limitations.
The jury found the defendant negligent and awarded $95,000 in damages. With court costs and interest, the final judgment totaled $98,566.
This result secured compensation for the plaintiff’s medical care and limitations resulting from a preventable rear-end crash caused by inattention behind the wheel.
