Gene Toscano, Inc. represented a 30-year-old administrative clerk who sustained multiple lumbar disc injuries after being rear-ended by a commercial van while stopped to yield to highway traffic on the access road of Highway 1604 in San Antonio.
The defendant was driving a work vehicle in the course and scope of employment for a local repair company. The plaintiff filed suit against both the driver and the company, alleging negligence for failure to maintain a safe following distance and failure to remain attentive to road conditions. On the day of trial, the defense stipulated to liability, and the case proceeded on damages alone.
After the crash, the plaintiff experienced worsening back pain, later diagnosed as multiple lumbar disc protrusions at L2-3, L3-4, and L4-5, along with nerve root pressure and thecal sac flattening. She underwent physical therapy, pain management, epidural steroid injections, decompression therapy, and consultations with multiple specialists. A multilevel spinal fusion surgery was ultimately recommended by an orthopedic surgeon.
The plaintiff testified to significant limitations in daily life, including difficulty with walking, sitting, lifting, and participating in outdoor activities like kayaking and hiking. She and her husband explained how the injury disrupted their previously active lifestyle. Her medical expenses totaled $17,359, and she sought both past and future damages for pain, impairment, and medical treatment needs, regardless of whether the jury believed surgery would occur.
The defense argued that her injuries were degenerative and pre-existing, noting a complaint of lower back pain months before the crash and a two-year treatment gap leading up to trial. They also cited the minimal vehicle damage and requested an award of only $2,500 for medical bills.
The jury found the plaintiff’s testimony credible and awarded $198,119.23 in damages. With prejudgment interest and court costs, the final judgment totaled $217,007.27.
This result provided meaningful relief for a professional whose life and livelihood were significantly affected by a preventable commercial vehicle collision.
