Gene Toscano, Inc. represented a 43-year-old special education teacher who sustained serious spinal injuries after being rear-ended on Interstate 410 in San Antonio.
The plaintiff was driving in the far-left eastbound lane and began slowing due to congestion when she was rear-ended by another driver. The force of the impact caused her foot to slip onto the gas pedal, resulting in a secondary collision with the vehicle in front. Both ends of her vehicle were damaged. She filed suit alleging failure to maintain a proper lookout and failure to control speed. An investigating officer confirmed that the other driver’s inattention was the sole cause of the initial impact.
The defendant admitted to briefly looking down at the dashboard moments before the crash but argued that the plaintiff caused the second collision. The defense also claimed the injuries were either exaggerated or degenerative and unrelated to the crash.
The plaintiff began treatment two days after the accident and was diagnosed with herniated discs at L4-5 and C5-6, an annular disc bulge at L5-S1, and facet syndrome. She underwent chiropractic care, physical therapy, and two lumbar epidural steroid injections. Multiple specialists confirmed that she was a candidate for both cervical and lumbar decompression surgeries, with projected costs totaling $370,000.
She testified that her pain—especially radiating from the lower back into her legs—interfered with everyday life and her duties at work, particularly the physical demands of assisting students with special needs. The injuries also impacted recreational activities such as hiking, walking, and running.
Despite defense arguments minimizing vehicle damage and suggesting the conditions were pre-existing, the jury found the defendant solely negligent and awarded $291,550.20 in damages for medical expenses, physical impairment, and pain and suffering.
This verdict acknowledged the long-term impact of the plaintiff’s injuries and provided critical support for future care and recovery.
