In a recent Texas appellate case, a plaintiff appealed the denial of her motion for a new trial after an adverse jury verdict. The plaintiff was a lawyer who was hurt in a car accident when her car was hit by the defendant’s car.
The plaintiff’s body and head were jerked forward, but the seatbelt held her back. She didn’t think she was hurt and continued her daily activities. Later in the day, she got a headache, and a doctor at an ER saw her. Since her primary complaints were a cough and back pain, she was diagnosed with an infection and back strain and prescribed pain meds.
Three weeks later, she saw a chiropractor. At the first visit, she completed a questionnaire showing she didn’t feel pain immediately after an accident. At the time of her visit, she had numerous pains, breathing difficulties, and headaches, and she was diagnosed with various types of sprains or strains. She was treated by the chiropractor for three months and referred for an MRI. Her knee didn’t show structural damage.