Dena Dunn v. Allstate

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Dena Dunn v. Allstate

115th District Court for Upshur County, Texas

Cause No.: 83-15

Trial Date: May 8-10, 2017

Summary: This was an under-insured motorist case. Plaintiff was a passenger in her car on Highway 271 in Gilmer, Texas. Her car had just turned left onto Highway 271 and was in the turn-lane. The at-fault driver made an illegal lane change, moving over two lanes to go into the turn-lane and colliding with Plaintiff’s vehicle on the passenger’s side.

Plaintiff waited over a week to seek treatment. She treated with a chiropractor in Gilmer consistently for 2 years, and then sporadically for another 2 years before trial. The chiropractor eventually sought treatment with a pain management doctor.

Plaintiff had incurred over $30,000.00 in medical bills by the time of trial, and her pain management doctor recommended another $60,000.00.

Because this was a UIM case, there was an offset of $52,500.00 and the dispute was over how much of the $30,000.00 UIM policy would go to Plaintiff, if any. Defendant offered zero ahead of trial, arguing that the Plaintiff had been adequately compensated by the at-fault driver’s policy.

Plaintiff’s counsel argued for the jury to award over $200,000.00. I argued for about $45,000.00. The jury awarded a total of $142,000.00, which entitled the Plaintiff to the full amount of the UIM policy.

Case Type: Personal Injury

Economic Damages: $95,000.00

EA: $52,500.00

Verdict: $142,000.00 (with $30,000.00 having to be paid)

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