William H. Chamblee and Bradlyn Cole obtained a unanimous jury verdict on behalf of a driver involved in a motor vehicle accident in San Angelo, Texas. The case was tried in the County Court of Law Number 2, Tom Green County. Plaintiff claimed he suffered severe and on-going back and neck injuries as a result of being struck while waiting to make a left turn at a traffic light. Our client had come to a complete stop behind the plaintiff’s vehicle before taking her foot off of the brake when she thought she saw plaintiff’s vehicle start to move after the light changed from red to green. She rolled approximately three feet into the rear of plaintiff’s vehicle, causing minimal damage to his car and none to hers.
At trial, Plaintiff alleged he saw Defendant looking down, presumably at her cell phone, before colliding into him. He represented to the jury he was thrown forward as a result of the collision which caused him to suffer injuries to his back, neck, shoulder, and knee. He saw several medical providers over the ensuing months, seeking treatment for his alleged injuries. He did not disclose to these medical providers that he had previously been involved in a major accident in which the 18-wheeler he was operating rolled-over and which resulted in him suffering injuries to his neck, back and knees for which he was receiving on-going and continuous care and treatment for two years prior to this accident. Plaintiff attempted to conceal his prior injuries from his medical providers with whom he was treating for injuries he alleged were caused by this accident, while at the same time, continuing to treat with a different set of providers related to his prior accident, to whom he did not disclose this accident or lawsuit.
Plaintiff’s treating chiropractor was unable to state that the injuries of which he was complaining were due to this accident, as opposed to the prior accident or a subsequent fall from a ladder. In addition, the records from other treaters questioned whether the pain and injuries of which he was complaining were consistent with the accident as they were inconsistent and appeared to be exaggerated.
After hearing the evidence and closing arguments, the jury deliberated less than one hour before returning a unanimous verdict in which they found that the actions of Defendant did not cause the injuries of which plaintiff was complaining.