Dallas Jury Awards $10,000 in Uninsured Motorist Claim

In June 2011, a 70-year-old plaintiff was driving north on Marsh Lane in Dallas, Texas, when her vehicle was rear-ended at the intersection of Forest Lane while stopped at a flashing red light. The driver of the striking vehicle reportedly fled the scene, and police were notified. The plaintiff, who claimed neck and lower back injuries, subsequently sued her uninsured motorist insurer for benefits. The insurer did not dispute that a hit-and-run collision occurred.

The plaintiff underwent emergency room evaluation for neck and lower back pain, where she was diagnosed with lower back strains. She claimed the incident aggravated a pre-existing lower back condition. Her treatment included physical therapy and an epidural steroid injection. Months later, she underwent a laminectomy and fusion at L5-S1. The plaintiff reported residual pain, difficulty ambulating, and the need for a walker, claiming her injuries hindered her quality of life. She sought approximately $42,000 in past medical expenses, along with damages for future medical costs, physical impairment, pain and suffering, and mental anguish.

During the three-day trial, the plaintiff's treating orthopedic surgeon testified that the collision aggravated her pre-existing spinal issues, including spondylolisthesis and severe spinal stenosis, and was a proximate cause of her subsequent lower back surgery. Conversely, the defendant's orthopedic expert opined that there was no objective evidence of an acute injury from the accident. The defense expert further stated that the plaintiff's spinal surgery was not a result of the collision, noting her long history of degenerative lower back issues and opining that her post-accident physical therapy notes were nearly identical to those from prior treatment.

After one hour of deliberation, the jury awarded the plaintiff $10,000, specifically for past pain and suffering.