Houston Jury Awards $130K in Underinsured Motorist Dispute

In May 2015, a licensed vocational nurse was driving on West Houston Center Boulevard in Houston, Texas, when her car was rear-ended by another vehicle while stopped at a red light. The plaintiff claimed she suffered back and neck injuries as a result of the collision. She initially recovered $30,000 from the other motorist's insurer and an additional $30,000 through the underinsured-motorist provision of her own insurance policy. Believing her damages exceeded these amounts, the plaintiff filed a claim with her employer's insurer, Mercury County Mutual Insurance Co., which was denied, leading to a lawsuit seeking underinsured motorist benefits.

The plaintiff alleged the other motorist was negligent for failing to control his speed, citing an investigating police officer's conclusion that supported this claim. The other motorist, who did not attend the trial, claimed in a deposition that the plaintiff caused the accident by stopping suddenly. The plaintiff asserted extensive injuries, including multiple protruding and herniated lumbar and cervical discs, lumbar spondylolisthesis, and associated pain, numbness, headaches, and dizziness. While acknowledging preexisting conditions, she claimed the accident aggravated them. Her treatment included emergency room care, chiropractic services, physical therapy, epidural steroid injections, and ultimately cervical discectomy and lumbar laminectomy surgeries. She also claimed her injuries prevented her from working as much and continuing her studies to become a registered nurse.

Mercury County Mutual Insurance Co. countered with a biomechanical expert who testified the impact was minor and at low speed, insufficient to cause the alleged injuries, and presented photographs showing minimal vehicle damage. A defense neurosurgeon opined that the plaintiff's cervical herniation was of undetermined age, her initial lumbar MRI was unremarkable, and later disc issues were a result of surgery, not the accident. The defense contended that the plaintiff sustained no spinal injury from the accident, that her surgeries were unnecessary, and that only the initial emergency room visit was related to the incident. They also argued that any inability to complete her studies stemmed from personal issues unrelated to the accident.

After a one-week trial and two days of deliberation, a jury found that the other motorist's negligence proximately caused the plaintiff's injuries and that the plaintiff was not negligent. The jury awarded the plaintiff $151,500 in total damages. After applying a $62,500 credit for prior insurance recoveries, the net damages award was $89,000. With stipulated attorney fees and prejudgment interest and costs, the final judgment against Mercury County Mutual Insurance Co. totaled $130,197.97.