Alexa Filmore v. Brian Cheney No. DC-16-02078

Jan 24, 1918

OUTCOME: Verdict for the plaintiff

Facts & Allegations On Sept. 3, 2014, plaintiff Alexa Filmore, 22, a supervisor for a home health provider and an emergency dispatcher for an alarm company, was driving a 2007 Chrysler 300 west on Hi ... ghway 635 in Garland. An accident occurred ahead of her, causing her to stop, and Bryan Chaney rear-ended her in a 2014 Ford Mustang. Filmore claimed multiple injuries. Filmore sued Chaney for negligently failing to keep a proper lookout, failing to control his speed, following too closely, and failing to brake or turn in time to avoid the collision. She said that she was able to come to a normal stop when the accident ahead of her happened. The defense argued that Filmore stopped suddenly and that Chaney acted as a reasonable driver under the circumstances. However, Chaney acknowledged that he was following only 1 to 2 car-lengths behind Filmore. Chaney said traffic was moving at 30 to 35 mph when the vehicle ahead of Filmore darted out to the side. Chaney said he followed it with his eyes and that, when he looked forward again, Filmore was completely stopped. Chaney slammed on his brakes, but was unable to stop. He said he believed he was going less than 10 mph when the impact happened. Injuries/Damages Filmore claimed neck and upper back sprains and strains; headaches; right (dominant) shoulder pain, which resolved; and a left shoulder injury, consisting of a bone bruise to the humerus and a contusion of the deltoid. Filmore's vehicle sustained minimal cosmetic damage to the rear bumper, which cost $1,497.93 to repair. Chaney's vehicle sustained more damage, and his air bag deployed. Chaney's repairs were $7,910.82. Filmore underwent physical therapy and chiropractic care from Sept. 5 to Dec. 19. She also had a medical consultation and three visits to a pain management doctor, the last of which was on Jan. 26, 2015. She claimed that she underwent two or three steroid injections in the left shoulder, but introduced no records or bills documenting them. A left shoulder MRI on Sept. 22, 2014, showed the bruised humerus and deltoid. She testified at trial that she cannot reach overhead with her left arm. Her chiropractor opined that the treatment and bills were reasonable and necessary and that Filmore likely will need additional chiropractic care and physical therapy. Filmore sought $11,861 for past medical; $1,530 for future medical; $387 for past lost earning capacity; $8,000 for past physical pain and suffering; $8,000 for past mental anguish; $8,000 for past physical impairment; and unspecified damages for future lost earning capacity, future physical pain and suffering, future mental anguish and future physical impairment. The defense noted that, on Dec. 9, 2014, Filmore was in a significant motor vehicle accident caused by an intoxicated driver and in which her vehicle was totaled. The defense questioned Filmore's assertion that she sustained no injury in that accident. Also, in April 2015, she was in a motor vehicle accident that resulted in neck and back injuries, headaches and chiropractic care and physical therapy. In addition, she slipped and fell in May 2016 and sustained a right shoulder dislocation, for which she went to the emergency room and underwent an MRI. Finally, in July 2016, she slipped and fell and sustained a left shoulder injury, for which she went to an urgent-care clinic a few times and underwent an MRI. The MRI was read as showing a dislocation. Also, no back injuries or back complaints were noted at this visit. The defense argued that FIlmore's current complaints could be related to any of these other incidents. Also, she had a prior right shoulder surgery. The defense argued that the treatment and bills which Filmore related to the Chaney accident were excessive. The defense also argued that she failed to show a mechanism by which the Chaney accident could have caused her shoulder injuries.