Houston Jury Awards $60,760 in Motorcycle UIM Dispute

In December 2011, a laborer was riding a motorcycle on Interstate 45 in Houston when a sedan in an adjacent lane braked to avoid another vehicle, causing it to slide into the motorcyclist's path. The motorcyclist struck the sedan's left rear door and was ejected, sustaining multiple injuries. The sedan driver's insurer paid its $30,000 liability policy limit to the injured motorcyclist.

The motorcyclist subsequently sued his own insurer, Progressive County Mutual Insurance Co., seeking uninsured/underinsured motorist (UIM) benefits for damages exceeding the initial policy payout. Claims of bad faith and insurance code violations were severed before trial. Progressive stipulated to the sedan driver's negligence, and the trial focused solely on the extent of the motorcyclist's damages. The plaintiff claimed herniated discs, a shoulder tendon tear, nerve pain, sprains, headaches, and road rash, arguing these injuries led to an inability to work and subsequent job loss. A treating orthopedic surgeon testified that future surgery might be necessary. The defense disputed the extent of damages, questioning the credibility of the plaintiff's medical experts and noting that the plaintiff did not fill prescriptions or undergo recommended surgery. They argued for minimal past medical costs and zero for lost wages and future damages.

After a two-day trial, a Houston jury deliberated for 2.5 hours. The jury awarded the plaintiff $60,760 for past and future medical costs, past lost earnings, and past and future physical pain and impairment. With a credit of $32,500, which accounted for the initial policy payout and personal injury protection benefits, the plaintiff's net recovery amounted to $28,260.