San Antonio Jury Awards $259,167 in Underinsured Motorist Claim

On August 27, 2013, the plaintiff, a 35-year-old deputy sheriff, was a passenger in a sedan traveling west on Randolph Boulevard in San Antonio. The vehicle's driver attempted a left turn when an oncoming driver disregarded a stop sign, resulting in a collision. The plaintiff sustained lower back and left knee injuries. He settled with the at-fault driver's liability insurer for the $30,000 policy limit.

The plaintiff subsequently filed a lawsuit against his own insurer, the defendant, seeking underinsured motorist benefits, as he carried $250,000 in such coverage. The defendant stipulated to the initial driver's negligence and the reasonableness and necessity of the plaintiff's $29,167 in medical bills. The plaintiff claimed his injuries, including cartilage damage to his left patella and lumbar sprains, required arthroscopic surgery eight months post-accident. He testified that the injuries prevented him from returning to pre-accident physical activities and pursuing SWAT training, leading to claims for past and future lost earning capacity, physical pain, mental anguish, physical impairment, and disfigurement.

The defense argued the knee surgery was minor and that the plaintiff's eight-month delay in seeking it indicated less severe pain. The defense also contested claims of mental anguish and asserted that the plaintiff's future lost earning capacity claim was speculative, suggesting he might not have qualified for or completed SWAT training regardless of the accident. After a two-day trial and two hours of deliberation, a San Antonio jury awarded the plaintiff $260,000. The court subsequently added the stipulated medical bills and applied a $30,000 credit for the initial settlement, resulting in a final recovery of $259,167 for the plaintiff. The defense was considering an appeal of some of the damages.