Fort Worth Jury Awards $100,000 in Underinsured Motorist Claim

In April 2015, the plaintiff, a real estate agent, was driving in Fort Worth, Texas, when her vehicle was broadsided by another driver at an intersection. The plaintiff claimed to have entered the intersection on a green light. She sustained injuries to her back, breast, neck, and shoulder. After settling with the at-fault driver's $30,000 liability policy limit, the plaintiff sought underinsured motorist (UIM) benefits from her own insurer, American National County Mutual Insurance Co., which had a $100,000 UIM policy.

The plaintiff sued American National, alleging the other driver's negligence caused the accident by running a red light. A jury initially awarded the plaintiff damages, including attorney fees for bad faith. However, an appeals court reversed the bad faith claim and remanded the case for a retrial solely on the UIM claim. Before the retrial, American National stipulated to the other driver's negligence, narrowing the proceedings to a determination of damages.

During the retrial, the plaintiff presented evidence of an annular tear, disc protrusions, foraminal stenosis, and radicular symptoms in her cervical spine, as well as shoulder impingement and a damaged breast implant. She underwent chiropractic care, urgent care, primary care, and pain management, including epidural steroid and medial branch block injections. A plastic surgeon recommended surgery for the breast implant, and a pain management doctor suggested a cervical rhizotomy and a shoulder injection, estimating future medical expenses up to $160,000. The plaintiff testified to ongoing limitations in daily activities. Defense counsel highlighted gaps in the plaintiff's medical treatment and evidence of improvement after injections.

Following a one-day trial, a jury awarded the plaintiff $244,500. This award was subject to credits for $2,500 in personal injury protection benefits and the $30,000 previously recovered from the other driver's liability policy. The plaintiff's total recovery was ultimately limited to her $100,000 UIM policy limit.