Houston Jury Awards $416,517 in Underinsured Motorist Dispute

One driver was stopped at a stop sign when their pickup truck was struck from behind by another pickup truck. The driver and a passenger in the first truck claimed injuries. The passenger's claim was settled before trial. The driver's claim proceeded to trial, where the jury found the second driver liable for the accident.

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

One driver was traveling on Interstate 10 when his pickup truck was struck from behind by another pickup truck. That second pickup truck had been propelled forward after being struck by a tractor-trailer. The driver of the first pickup truck claimed injuries to his back and neck. The case involved multiple defendants and allegations of negligence in vehicle operation and employer liability.

A passenger in a sport utility vehicle was injured when the vehicle she was in was rear-ended by another car. The passenger claimed injuries to her back and neck, including bulging discs. The driver of the other vehicle claimed his brakes failed. The jury found that the driver's negligence did not cause the accident.

One driver was stopped at a light when the vehicle behind them struck their pickup truck. The driver of the second vehicle claimed the pickup truck driver swerved in front of them and braked suddenly, causing the collision. The driver of the second vehicle alleged injuries to their knee and spine. The defense questioned the credibility of the driver's account and pointed to inconsistencies in their statements.