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| Motor Vehicle |
| Rear-end pltf had pre-existing injuries, got job promotion: def
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| Verdict: (P) $89,931.00 Attorney fees: $35,972 Litigation expenses: $12,000 |
| Case Type: Rear-ender |
| Case: Samuel Lowrance v. Centerpoint Energy Houston Electric, LLC, No. 2007-03944 |
| Venue: Harris County District Court, 133rd, TX |
| Judge: Lamar McCorkle |
| Date: 01-25-2008 |
| PLAINTIFF(S) |
Attorney:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Facts: On June 28, 2005, plaintiff Samuel Lowrance, a 50-year-old salesperson, was driving a van on Fairmount Parkway in Pasadena. While he was stopped at a red light at the Pansy Street intersection, his vehicle was struck from behind by a truck owned by Centerpoint Energy Houston Electric, LLC, and driven by a company employee. Lowrance sued Centerpoint Energy for motor vehicle negligence, alleging that he was operating his vehicle in a safe and legal manner when he was rear-ender. Centerpoint Energy denied liability.
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Injury: Lowrance alleged a herniation of his C4-5 disc, requiring surgery to fuse the discs approximately two months after the accident. He alleged ongoing neck, back and head pain, which caused him to miss two months of work. He was seeking $36,431 for past medical expenses, $3,000 a year for future medical expenses, $24,000 for past medical expenses, and an unspecified amount for past and future pain and suffering and future medical expenses. Centerpoint Energy disputed causation, contending that Lowrance had a pre-existing condition. Defense counsel claimed that Lowrance denied being injured on the day of the crash and drove himself home, and that the first neurosurgeon he saw found only pre-existing conditions. Centerpoint Energy asserted that Lowrance had a 10-year history of neck and back pain and had been prescribed painkillers for the complaint. Centerpoint Energy also claimed that, after Lowrance returned to work, he earned more money than before and received a promotion.
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Verdict Information The jury found that Centerpoint Energy was liable for the accident, and awarded Lowrance $89,931: $36,431 for past medical expenses; $12,500 for future medical expenses; $31,000 for past pain and suffering; and $10,000 for past lost wages.
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Samuel Lowrance $36,431 Personal Injury: Past Medical Cost $12,500 Personal Injury: Future Medical Cost $10,000 Personal Injury: Past Lost Earnings Capability $31,000 Personal Injury: Past Pain And Suffering |
Editor's Comments This report is based on information provided by plaintiff's counsel and defense counsel.
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