Gene Toscano, Inc. represented a 28-year-old teaching assistant who was injured while sitting as a passenger in a parked vehicle that was rear-ended on Harriman Street in San Antonio.
The incident occurred around 1 a.m. when a compact car driven by the defendant struck the rear of the vehicle in which the plaintiff was seated. Though the defendant admitted liability on the day of trial, earlier in the discovery process, he had denied fault and alleged the plaintiff contributed to the accident by pulling out in front of him. As a result, the court granted a motion for attorney fees and expenses, awarding the plaintiff an additional $1,200 under Texas Rule of Civil Procedure 215.4.
Following the crash, the plaintiff was treated in the emergency room and diagnosed with cervical, thoracic, and lumbar sprains, along with muscle spasms and injuries to both legs from impact with the dashboard. She underwent approximately five weeks of physical therapy and reported that the pain interfered with her ability to work, ultimately resulting in job loss. She also testified to ongoing leg pain, an inability to lift children, and new anxiety when riding in vehicles.
She sought damages for medical expenses, lost wages, pain and suffering, and physical impairment. The defense countered that her injuries were not consistent with the crash, pointed to a lack of ongoing treatment, and argued that there was no credible basis for future damages.
The jury awarded $17,250 for past medical expenses, pain, and impairment, but did not award future damages. Including the court-ordered attorney fees, the total recovery amounted to $18,450.
This result provided meaningful support for a young woman whose physical and emotional well-being was impacted by a late-night crash that never should have occurred.
