Houston Jury Issues Defense Verdict in Underinsured Motorist Claim

On April 23, 2013, a 65-year-old plaintiff was driving a van south on Fairbanks North Houston Road in Houston. While crossing West Tidwell Road on a green light, another driver on West Tidwell Road ran a red light, striking a vehicle in the plaintiff's adjacent lane. That vehicle then collided with the plaintiff's van. The plaintiff reported neck and back injuries and headaches. Before filing suit, the plaintiff settled with the at-fault driver for the $30,000 limit of the driver's insurance policy.

The plaintiff subsequently filed a lawsuit against her own insurer, Allstate Fire and Casualty Insurance Co., seeking underinsured motorist benefits. The plaintiff alleged the at-fault driver's negligence included running a red light, failing to maintain a proper lookout, and failing to yield the right of way. While the defendant insurer did not strongly dispute liability for the collision, it contested the extent of the plaintiff's claimed damages. The plaintiff sought over $48,000 for past medical expenses, along with damages for past and future pain, mental anguish, and physical impairment.

The plaintiff claimed several herniated discs in the neck and lower back, along with radiating pain and headaches, and underwent extensive chiropractic treatment and two epidural steroid injections. A plaintiff's expert specializing in pain management testified. In response, the defense questioned whether the plaintiff's injuries were a direct result of the accident, noting the plaintiff's prior complaints of neck and back pain that were not disclosed in a deposition. The defense also highlighted that all treatment occurred under letters of protection. A defense expert in pain management opined that the plaintiff's spinal MRIs showed only degenerative conditions and that a significantly shorter course of treatment would have been reasonable and necessary.

After a two-day trial, the jury found the underinsured driver negligent and awarded the plaintiff $12,410 for past medical bills. However, the plaintiff received no net recovery from the defendant insurer. This was because the defendant insurer was entitled to a credit of $35,000, which accounted for the $30,000 received from the at-fault driver's policy and an additional $5,000 in personal injury protection payments made by the defendant insurer. Since the credit amount exceeded the jury's damage award, the plaintiff took nothing on the verdict.