Taylorsville Jury Awards $90K in Rear-End Collision UIM Claim

A plaintiff was rear-ended on Taylorsville Road in September 2019 while waiting to turn. No injury was reported at the scene, but the plaintiff presented to an emergency room two hours later with soft-tissue symptoms. Six days later, the plaintiff returned to the ER with radiating neck pain and headaches. The plaintiff subsequently underwent pain management, including RFA therapy and epidural injections, and alleged a concussion, mild traumatic brain injury, cognitive and emotional deficits, hearing loss, tinnitus, dizziness, and the aggravation of a pre-existing anxiety condition.

The plaintiff initially settled with the at-fault driver for the $100,000 policy limits. This underinsured motorist (UIM) action was then filed against the plaintiff's insurer. The plaintiff's treating neurosurgeon testified, linking the alleged injuries to the collision and affirming the need for ongoing care. The plaintiff sought damages for $88,701 in past medical expenses, an additional $673,000 for future care, and up to $2.5 million for pain and suffering.

The defendant insurer argued there was no injury reported at the scene and cited the plaintiff's prior history of similar complaints. Expert neuropsychology and neurology witnesses for the defense challenged the concussion diagnosis, attributing the plaintiff's complaints to a somatic symptom disorder stemming from pre-existing conditions. After a civil jury trial in Taylorsville, the jury awarded the plaintiff $25,000 for past medical expenses, $15,000 for future medical expenses, and $50,000 for pain and suffering, totaling $90,000. This verdict amount did not exceed the $100,000 previously recovered from the at-fault driver's policy, indicating a judgment would likely be entered for the defendant insurer.