San Antonio Jury Awards $229,900 in Rear-End Collision

On April 12, 2012, a sales clerk was rear-ended in San Antonio while driving a compact car, claiming back injuries. The incident occurred at a yield sign as she waited to enter a freeway access road. The plaintiff settled with the at-fault driver for their $30,000 policy limit and then sued her underinsured motorist insurer, the defendant, for additional benefits. The defendant stipulated to the at-fault driver's negligence, so the trial focused on causation and damages.

The plaintiff underwent extensive medical treatment for her back injuries, including chiropractic care, physical therapy, pain medication, injections, and a lumbar MRI which showed a disc bulge and spondylosis. An orthopedic surgeon later recommended a laminectomy and discectomy, estimated to cost $162,000. While the plaintiff had pre-existing scoliosis and prior chiropractic care, her counsel emphasized she had no prior MRI or surgery recommendation before the 2012 accident. She experienced another motor vehicle accident in April 2014, which she acknowledged aggravated her disc bulge, but maintained that some ongoing pain stemmed from the 2012 collision.

The defense argued the plaintiff's complaints were linked to pre-existing conditions, citing her scoliosis and prior chiropractic records, which included a reference to another 2007 motor vehicle accident. They also contended that her ongoing pain was primarily due to the 2014 accident and highlighted the time gap since her surgical recommendation and last treatment. After a one-day trial, a jury awarded the plaintiff $229,900. This amount was offset by the $30,000 received from the at-fault driver, resulting in a net award of $199,900. However, the plaintiff's recovery was ultimately limited to her $50,000 underinsured motorist policy limit.