(December 2023) - Houston Partner Jason A. Powers recently secured a trial victory on behalf of an insured in a rear-end collision case in Harris County, Texas. In this matter, the plaintiff was stopped at a traffic light when the defendant rear-ended her. The plaintiff visited the emergency room the next day where she received treatment from various providers, including an orthopedic surgeon. Her MRI showed a small disc herniation in her lower back.
The plaintiff subsequently sued the insured, claiming that her car moved several feet at the time of impact because the defendant was traveling at a high rate of speed. The photos, however, reflected a more minor impact. The plaintiff further contended that as a result of the accident, she sustained injuries to her neck and back.
At trial, one of the plaintiff's physicians testified that the plaintiff's injuries were directly related to the accident and that she needed a discectomy that cost in the six-figure range. The defendant's expert refuted these findings. Moreover, Lewis Brisbois subpoenaed post-accident records from the hospital, which showed that at the same time the plaintiff was telling her orthopedic surgeon that she was experiencing significant back and neck pain, she was denying back and neck pain to her primary care doctor. Notably, Lewis Brisbois also learned that on two occasions after the accident, the plaintiff used cocaine and snorted crushed pain pills.
During trial, Lewis Brisbois relied heavily on the defense that the plaintiff was faking her injuries to acquire more pain medication from her orthopedic surgeon. Upon the close of the defendant's evidence, the court entered a directed verdict of liability in favor of the plaintiff and the case was submitted to the jury on damages only. After deliberating for only 19 minutes, the jury returned a zero-damages verdict in favor of Lewis Brisbois' client.
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