esnick & Louis, P.C. recently secured a defense victory in a trucking case tried in Fort Worth, Texas. The plaintiff alleged that she was rear-ended by a commercial truck in stop-and-go traffic on Interstate 35 and claimed injuries to her shoulders, elbow, neck, back, and hand. She underwent shoulder surgery and later alleged complex regional pain syndrome. The plaintiff presented approximately $320,000 in past medical expenses and previously produced a life care plan exceeding $500,000, ultimately seeking nearly $4 million in compensatory damages at trial.
Prior to closing arguments, the defense successfully obtained dismissal of all gross negligence claims and direct negligence claims against the trucking company, significantly narrowing the issues presented to the jury.
Although the case involved a rear-end collision, liability was contested at trial. The defense argued that the plaintiff abruptly moved in front of the tractor-trailer without allowing sufficient distance to avoid contact. Photographic evidence of the plaintiff’s rear bumper showed impact damage on the outer driver’s-side edge, supporting the defense theory that the vehicles were not aligned at the time of contact and suggesting the plaintiff had changed lanes abruptly due to traffic conditions ahead.
After deliberation, the jury returned a 10-2 verdict finding both parties responsible for the accident but assigning 60% of the fault to the plaintiff. Under Texas comparative negligence law, this allocation bars the plaintiff from recovering any damages.
