Rushing v. Madrid

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145th District Court in and for Nacogdoches County

Cause No.: C1631948

Trial Date: July 31, 2018 – August 1, 2018

Case Type: Personal Injury

Summary: Easily my most exciting case of 2018. The wreck was significant. Defendant was on a state highway, and came upon slowed traffic, starting a four-car collision when he collided with the car in front of him. The Plaintiff was two cars in front of Defendant, so she had two collisions—one car hitting her, and then being pushed to the car in front of her. Plaintiff initially declined treatment, but then after a couple days went to her family doctor who suggested she see an orthopedic surgeon or neurosurgeon. She waited a few more months before acting on that advice, but then presented with a surgeon and began a course of pain management injections before ultimately receiving a recommendation for a cervical fusion. At trial, Plaintiff and Defendant both testified. Plaintiff’s pain management doctor testified live, and the surgeon testified by video deposition. The jury deliberated almost three hours before returning a verdict of no damages to the Plaintiff.

Economic damages: $400,000.00 (consisting of $57,000 in past medical, plus claims for a future surgery of another $200,000 and future pain management)

Verdict: $0.00

McGuire Firm personal injury law firm Tyler Texas

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