Case at a glance
- Recovery: $332,327 Judgment
- Injury: Neck and lower-back injuries
- Practice: Truck Accidents
- Attorney: Vuk Vujasinovic
A rear-end collision near midnight
Just before midnight on September 2, 2006, Jose was driving his minivan south on Federal Road in Houston. He stopped at a traffic light at Fleming Drive, where a truck cab without a trailer rear-ended him.
The truck driver fled. Police later located and arrested him for failing to stop after the collision. He also failed a field sobriety test.
The crash left persistent neck and back problems
Jose suffered injuries to his neck and lower back. Physical therapy did not relieve his pain, and he planned to undergo back surgery.
Vuk represented him in a lawsuit against the driver and Cowboy Transportation. The claim sought compensation for Jose’s injuries and punitive damages based on the driver’s conduct.
A two-phase jury trial
The defense disputed whether the correct driver had been identified and denied intoxication. It also sought to exclude evidence concerning alcohol use, but the court denied that request.
The jury found negligence and gross negligence. It assessed $112,109 in compensatory damages, followed by $550,000 in exemplary damages in the second phase of trial. The combined jury award was $662,109.
The judgment after appeal
The defendant appealed the exemplary-damages portion of the judgment. On June 3, 2010, the Fourteenth Court of Appeals applied the statutory cap and reduced exemplary damages to $220,218. It affirmed the judgment as modified. Read the appellate opinion.
Combined with the unchanged $112,109 compensatory award, the modified judgment totaled $332,327 before interest and court costs.
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