Gene Toscano, Inc. represented a 62-year-old dental assistant who sustained cervical spine injuries after a multi-vehicle collision caused by an improper turn at a San Antonio intersection.
The plaintiff was stopped at a stop sign on Ware Boulevard when a northbound pickup truck attempted a right turn from the left lane of South Flores Street and collided with a Mustang in the adjacent lane. The Mustang then veered right, striking the plaintiff’s vehicle. She alleged that the defendant failed to turn safely and improperly crossed lanes during the maneuver.
The defendant denied liability and claimed she was in the correct lane when the Mustang entered her path and caused the collision. However, testimony from the Mustang driver and the responding officer supported the plaintiff’s version of events.
Two days after the crash, the plaintiff began chiropractic and physical therapy treatment, ultimately claiming herniated discs at C5-6 and C6-7 that caused ongoing neck and shoulder pain. Her orthopedic surgeon recommended anterior cervical decompression, discectomy, and fusion surgery with estimated costs of $525,000. Although she had not yet undergone surgery by the time of trial, she testified that it was part of her long-term care plan.
The defense argued that her injuries were pre-existing and not caused by the crash. They also emphasized a lengthy treatment gap, a lack of surgical follow-through, and her continued ability to work without interruption.
After a three-day trial and 3.5 hours of deliberation, the jury found the defendant liable and awarded the plaintiff $100,000, including damages for past medical expenses, future medical treatment, and pain and suffering.
This result affirmed the plaintiff’s right to compensation and held the negligent driver accountable for unsafe conduct at a busy intersection.
