Beasley v. Allstate

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Beasley v. Allstate

369th District Court for Anderson County, Texas

Cause No.: 17-365-369

Trial Date: April 16, 2018

Summary: This was an under-insured motorist case. The at-fault driver tried to pass a vehicle on the right, and lost control of her car as she tried to merge back into traffic, over-correct, and struck Plaintiff’s vehicle. It was a bad accident, and both driver’s were care-flighted to the hospital. The medical bills approached a hundred thousand dollars, and we had an offset of only $30,000.00. The carrier tried the case on the theory that care-flight bill was outrageous and the flight was unnecessary, and to the extent it was necessary, it was due to a lack of seat belt on the Plaintiff driver. This argument was unsuccessful. Plaintiff’s counsel did a great job finding a fact witness to testify that when she got to the scene prior to police or EMS, Plaintiff did have his seatbelt on, and it was simply removed to aid him. This had not come out previously because Plaintiff didn’t have a memory of the accident.

Case Type: Personal Injury

Economic Damages: $97,147.04

Verdict: $172,147.04 (but capped at $50,000, which was the amount of the UIM policy)

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