In a damages-only trial in Hidalgo County, a jury returned a verdict of $225,000 after plaintiffs demanded $9 million.
The plaintiff underwent lumbar surgery as a result of the crash and claimed he was too disabled to work, drive trucks, or bend over. The plaintiffs asked the jury for $9 million in noneconomic damages.
The case arose from a September 15, 2022 crash on FM-493 in which the defendant driver lost control of his box truck on wet roads and crossed into the oncoming lane, striking the plaintiff’s Peterbilt tractor. With liability stipulated, the jury’s sole task was to determine what, if anything, would fairly compensate the plaintiff and his wife for their damages.
Our investigation uncovered that the plaintiff had been in a prior rear-end accident two years before the subject crash, for which he went to the ER on a backboard and later underwent MRIs showing herniations at every spinal level he was now claiming had been injured in our accident. He had denied any prior accidents or prior treatment under oath in interrogatories. At deposition, he admitted only that he was “wrong.”
Our orthopedic expert testified the MRIs taken before and after the subject crash showed no material difference, meaning the herniations predated our accident, and that there was no clear causal link between the crash and the need for surgery. The plaintiff’s own treating surgeon admitted on cross-examination that he had no knowledge of the prior accident, prior MRIs, or prior treatment when he performed the procedure, because his patient told him he had never had prior back problems. He learned the truth 30 minutes before his deposition.
The record was further complicated by a subsequent accident less than three months after the subject crash. The plaintiff’s own chiropractor documented that his pain had been improving before that third accident, dropping from 9/10 to 4/10, and that the subsequent crash caused “new trauma” and a “change of condition.” Pain management was only recommended after that third accident.
Surveillance conducted across multiple dates showed the plaintiff working in his truck yard, crawling under trucks, operating a forklift, lifting tires, driving an 18-wheeler, and hauling wood planks, all while testifying under oath that he could not bend over, could not lift 20 pounds, and had not driven since the accident.
The jury awarded $65,000 for past physical pain, $80,000 for past mental anguish, $15,000 for past physical impairment, and $20,000 for past injury to reputation, and zero on every future damages element. Past injury to reputation is not a recognized element of personal injury damages under Texas law but was submitted over objection. The plaintiff’s wife received $30,000 for past loss of consortium and $15,000 for past loss of household services, again nothing for the future. The verdict was unanimous. All 12 jurors agreed on every answer.
We’re proud of the result Stefan Casso and Reid Rendon delivered, and prouder still of the thorough preparation that made it possible. Cases like this are won long before trial, through careful investigation, aggressive discovery, and the willingness to put in the work to expose the full picture.
Stefan Casso
Lead Counsel
Reid Rendon
Second Chair
