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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
| Insurance |
| Policeman arresting drunk driver hit by truck going 60 mph
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| Verdict: (P) $21,514.00 Attorney fees: $8,605 Litigation expenses: $3,500 |
| Case Type: Bad Faith, Motor Vehicle - Uninsured Motorist, Contracts - Breach of Contract |
| Case: Richard Williams v. Allstate Indemnity Company and Alfreda Smith, No. C-2003-61435 |
| Venue: Harris County District Court, 281st, TX |
| Judge: David Bernal | Henry Blum |
| Date: 02-04-2005 |
| PLAINTIFF(S) |
Attorney:
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Expert:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Facts: Plaintiff Richard Williams, 32, a Houston police officer, was issued an insurance policy from Allstate Property & Casualty Co. that provided coverage for, among other things, bodily injury as a result of an accident involving an uninsured or underinsured motorist. At 10 p.m. on Dec. 23, 2000, Williams was parked on the side of the road on the Southwest Freeway in Houston, arresting a motorist for driving while intoxicated. Williams had placed the offender in the back of his patrol car and was putting on his seatbelt when a pickup operated by an uninsured motorist struck his patrol car at approximately 60 mph. Williams' head struck the Plexiglas divider between the front and back seats with enough force to break the glass. Williams sued the uninsured motorist, alleging negligence and gross negligence. In a bench trial, he was awarded almost $600,000 in damages, not including prejudgment and post-judgment interest. Because the uninsured motorist had no assets, Williams filed an uninsured motorist claim with Allstate. When Allstate did not pay the $20,000 UM policy limits, Williams sued Allstate and its adjuster Alfreda Smith, alleging breach of contract and bad faith in that Allstate failed to properly investigate, evaluate, negotiate and/or settle his claim. Allstate argued that it was not responsible for the claim. The day before trial, Allstate stipulated liability. As a result, the jury was not told that the uninsured driver was intoxicated at the time of the incident and was not told about the verdict against the uninsured driver in the underlying negligence case.
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Injury: Williams was taken by ambulance to the emergency room at Memorial Hermann Hospital where he was diagnosed with a scalp contusion and cervical strain. He claimed soft-tissue injuries to his neck, back and scalp. Initially, he was seen for back and neck strain, and he received physical therapy. He went back to work fulltime and without restrictions. Eighteen months later, Officer Williams sought treatment for his injuries with a chiropractor. He was then referred to a pain management specialist who performed epidural steroid injections. Williams claimed that the first and second rounds of treatment were all related to the motor vehicle accident. WIlliams sought past medicals, past lost wages and pain and suffering. Allstate offered to pay medical bills for the first round of treatment (totaling approximately $3,500) but not the second round of treatment.
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Verdict Information The jury awarded Williams $21,514, including approximately $4,000 in medical bills and lost wages with the remainder for pain and suffering. Following the verdict, the parties mediated the contract and bad faith claims. They settled for $40,000, or twice the policy limits. Williams' attorney reported that although the jury did not believe that Williams' second round of treatment was related, they still awarded four times Allstate's highest offer and four times the amount of the first round of medical treatment in noneconomic damages. Williams' attorney reported that Allstate evaluated the case on medical bills only and refused to consider noneconomic damages in its evaluation but the jury disagreed with Allstate's evaluation by a factor of four. Williams' attorney also noted that Allstate argued that only the reduced medical bills should be submitted to the jury under the new "paid or incurred" rule, but Judge David Bernal disagreed and submitted the bills in their entirety without reduction under the "paid or incurred" rule.
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Editor's Comments Counsel for the defense did not respond to two phone calls or a faxed draft of this report.
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