Dallas Jury Awards $416,447.96 in UIM Rear-End Collision

On March 29, 2014, a plaintiff was involved in a rear-end collision on Interstate 30 in Dallas while stopped in traffic. The plaintiff's SUV was struck by a trailing car. The plaintiff alleged the incident aggravated a pre-existing back condition, resulting in injuries that exceeded the $50,000 policy limits tendered by the at-fault driver's insurer. The plaintiff subsequently sued her own insurer, USAA Casualty Insurance Co., seeking recovery of underinsured-motorist benefits.

The plaintiff claimed to have sustained lower back pain and leg numbness, arguing that the accident permanently aggravated a prior lumbar fusion and disc issues. Her expert orthopedist testified that the accident caused a significant increase in a disc bulge and spinal stenosis, evidenced by abnormal nerve conduction studies post-accident. The plaintiff underwent multiple epidural steroid injections and physical therapy and was recommended for two micro-decompression surgeries, potentially followed by a fusion. She sought damages for past and future medical expenses, lost earning capacity (claiming to have turned down a job offer due to injuries), and physical pain, mental anguish, and impairment.

The defendant insurer stipulated to the underlying driver's negligence but disputed the causation and extent of the plaintiff's injuries. The defense argued that the plaintiff sustained only a temporary worsening of her condition and that the need for surgery was unrelated to the accident. The defense challenged the plaintiff's medical expert, noting he did not examine the plaintiff, was not a medical doctor, and was compensated. The defense also questioned the veracity of the lost earning capacity claim, citing a lack of written job offer details and the plaintiff's stated reasons for declining the offer.

A Dallas jury deliberated for 1.5 hours over two days of trial. The jury returned a verdict for the plaintiff, awarding $416,447.96. After a $50,000 credit from the underlying tortfeasor's insurer, the plaintiff's recovery was limited to her $300,000 underinsured-motorist policy limit.