Fort Worth Jury Awards $244,500 in Broadside Collision UIM Claim

On April 28, 2015, in Fort Worth, a plaintiff was driving through an intersection on a green light when her vehicle was broadsided by another driver. The plaintiff claimed to have sustained injuries to her back, breast, neck, and shoulder. She settled with the at-fault driver for the $30,000 liability policy limit and subsequently sued her own insurer, American National County Mutual Insurance Co., seeking $100,000 in underinsured motorist (UIM) benefits. The plaintiff alleged the other motorist was negligent for disregarding a red traffic signal.

An initial jury awarded the plaintiff $87,500, including damages and attorney fees for bad faith. American National appealed, and a court of appeals reversed the bad faith claim and remanded the UIM claim for a retrial. Before the retrial, American National stipulated to the other driver's negligence, confining the proceedings to a determination of damages only.

The plaintiff claimed to have suffered an annular tear of a cervical disc, protrusions of other cervical discs, foraminal stenosis, radicular symptoms in her shoulders, shoulder impingement, and damage to a breast implant from the seat belt. She underwent treatment including urgent care, chiropractic adjustments, visits to a primary care doctor, and a pain management physician who administered epidural steroid injections. A plastic surgeon recommended surgery for the breast implant. The plaintiff testified that the injuries limited her ability to participate in activities such as skiing and carrying heavy items or grandchildren. Her counsel sought approximately $21,075 for past medical expenses, $120,000 for future medical expenses, and various amounts for pain, anguish, disfigurement, and impairment, totaling over $280,000. The defense highlighted gaps in the plaintiff's medical treatment and presented records indicating improvement after injections.

After a one-day trial, the jury awarded the plaintiff $244,500 in damages. However, American National was entitled to credits for $2,500 in personal injury protection benefits and the $30,000 liability policy limit paid by the other driver. The plaintiff's recovery from her insurer was ultimately limited to her $100,000 UIM policy limit.