Gene Toscano, Inc. represented a 52-year-old pastor who suffered neck, back, and shoulder injuries following a broadside collision at an intersection in San Antonio.
The plaintiff was a front seat passenger in a compact car traveling westbound on Balcones Heights Road when the vehicle stopped at an intersection with a non-functioning traffic light. As the vehicle proceeded forward, it was struck on the front right quarter panel by another compact car entering the intersection from Fredericksburg Road without stopping. A secondary impact occurred when the vehicles spun and collided again at the rear.
The plaintiff filed suit alleging the other driver failed to yield the right of way. An independent eyewitness confirmed that the plaintiff’s vehicle had stopped, while the defendant had not. The defense denied negligence and claimed the crash was unavoidable, noting that the driver was unfamiliar with the area and would have stopped had the traffic signal been working.
The plaintiff initially reported neck, back, and shoulder pain and began chiropractic treatment 20 days after the crash, which continued for six weeks. Five months after completing treatment, he consulted with an orthopedic surgeon due to ongoing shoulder pain. An MRI conducted nine months post-accident revealed a torn right rotator cuff along with signs of degeneration. Surgery was later recommended to repair the damage.
The plaintiff’s medical expenses totaled $2,086. He sought damages for a future shoulder surgery, pain and suffering, and physical impairment. The defense argued that the shoulder tear was due to pre-existing arthritis and highlighted the gap between treatment and diagnosis.
The jury found the defendant solely negligent and awarded $69,586. With the addition of court costs and interest, the final judgment amounted to $74,358.
This verdict provided meaningful compensation for the injuries and hardships sustained in a preventable intersection crash caused by failure to yield.
