Sugar Land Jury Awards $270,000 in Rear-End Collision

A homemaker sustained injuries in a multi-vehicle rear-end collision on November 17, 2009, in Sugar Land, Texas. After her vehicle stopped in traffic, it was rear-ended by a Toyota 4Runner. The Toyota was then struck by another SUV, pushing the plaintiff's vehicle into the one ahead. The plaintiff alleged the driver of the Toyota that rear-ended her switched places with a passenger after the collision. The plaintiff suffered a right foot fracture and a torn right peroneal tendon.

The plaintiff initially sued the drivers of the Toyota, who settled for their $25,000 policy limit. Subsequently, the plaintiff filed a lawsuit against her own underinsured motorist insurer, Allstate Indemnity Co., seeking benefits. She claimed the initial rear-ending driver was negligent by failing to keep a proper lookout, driving too fast, failing to control speed, following too closely, and failing to brake or turn. The insurer initially contended that the driver of the third vehicle was at fault, an opinion stated in the police report, but that officer's opinion was excluded from evidence at trial.

During the trial, the insurer conceded that the initial rear-ending driver was negligent. The plaintiff presented evidence of her injuries, including surgical repair of her tendon, ongoing "drop foot," and mild gait impairment, which she attributed to a subsequent fall in 2015. Her treating podiatrist testified about the need for potential future surgeries due to persistent pain. The defense disputed the connection between the original injury and the 2015 fall, questioned the extent of ongoing pain, and challenged the surgeon's qualifications regarding future care.

A Sugar Land jury deliberated for four hours before finding the initial rear-ending driver negligent. The jury awarded the plaintiff $270,000 in damages for past and future medical costs, physical impairment, and pain and anguish. After applying a $25,000 credit from the initial liability settlement and $2,500 in personal injury protection payments, the net award totaled $242,500. However, due to the plaintiff's underinsured motorist policy limit of $100,000, that was the maximum recoverable amount in this lawsuit. According to plaintiff's counsel, the plaintiff planned to file a separate action against Allstate Indemnity Co. for alleged bad faith and violations of the Texas Insurance Code.