Gene Toscano, Inc. represented a 29-year-old waitress who was rear-ended by a police cruiser and later subjected to intrusive surveillance during the investigation of her claim.
The plaintiff was stopped at a yield sign on the Loop 410 access road in San Antonio when a police cruiser behind her was rear-ended by a second cruiser, pushing it into her vehicle. Both officers were on duty at the time. The plaintiff’s vehicle sustained $1,500 in damage. She filed suit, alleging negligence against the officers involved.
During the course of the claim, two private investigators were hired to surveil the plaintiff. She alleged that during one surveillance session, an investigator pointed a zoom-lens camera into the windows of her home, leading to an additional claim of invasion of privacy. That claim was later settled confidentially before trial.
The plaintiff reported disc bulges at L3-L4, L4-L5, and L5-S1 and was recommended for a three-level spinal decompression surgery. She also experienced cervical, shoulder, and chest pain caused by the impact and seat belt. Her medical expenses totaled approximately $11,500, including diagnostics. She did not seek lost wages. The defense argued that her injuries were primarily soft tissue and that much of her discomfort was due to pre-existing congenital spinal stenosis and prior athletic activity.
Prior to trial, the defense stipulated to liability, and the case proceeded on damages only. After a four-day trial, the jury awarded $15,000 for past physical pain, mental anguish, impairment, and medical expenses, and $60,000 for future damages—bringing the total to $75,000. With prejudgment interest and court costs, the final judgment amounted to $95,583.84.
This result recognized the physical and emotional toll resulting from both the motor vehicle collision and the subsequent invasion of privacy.
