Texas Jury Issues Defense Judgment in Rear-End UIM Claim

On August 18, 2014, a plaintiff was involved in a rear-end collision on Dixie Highway while stopped at a red light. The incident caused minor bumper damage, primarily scratches, and no repairs were made to the plaintiff's vehicle. Following the crash, the plaintiff was treated and released from the emergency room for soft-tissue symptoms but later reported various ailments, including the aggravation of a degenerative cervical disc condition. An orthopedic expert for the plaintiff suggested this aggravation might necessitate future cervical decompression surgery. The at-fault driver, who was insured, tendered $53,000 toward her $100,000 policy limits.

The plaintiff then sought Underinsured Motorist (UIM) benefits from her own insurer, State Farm, above a $110,000 floor that accounted for both policy limits and personal injury protection. The plaintiff claimed $18,407 in medical expenses, an additional $86,977 for future care, and $362,825 for pain and suffering. State Farm conceded fault for the accident but disputed the extent of the claimed injuries. The insurer emphasized the minor nature of the collision, pointed to the plaintiff's history of pre-existing conditions, and noted a subsequent motor vehicle accident in April 2015. A neurosurgery expert testifying for the insurer opined that the plaintiff sustained only a temporary strain that resolved within three months and any need for future surgery was solely related to pre-existing conditions.

The case proceeded to a three-day trial. The jury awarded the plaintiff $18,407 for medical bills, matching the claimed amount. However, the jury rejected any award for future care and awarded $18,407 for pain and suffering. The raw verdict totaled $36,814.

Because the jury's award was below the $110,000 UIM coverage floor, a defense judgment was entered for State Farm, concluding the litigation.