$380,295 – AUTO ACCIDENT

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HARRIS COUNTY

MOTOR VEHICLE

Rear-ender — Multiple Vehicle — Hit and Run — Underinsured Motorist

Auto accident caused injuries of back and neck, plaintiff claimed

VERDICT

$380,295

CASE

Lizette Ventura v. Allstate Fire and
Casualty Insurance Co. and
Daniel Ramirez,
No. 2016-21633

COURT

Harris County District Court, 215th

JUDGE

Elaine H. Palmer

DATE

8/27/2019

PLAINTIFF ATTORNEY(S)
Eric D. Nielsen (lead), The Nielsen
Law Firm, P.C., Houston, TX
Shea N. Palavan, The
Nielsen Law Firm, P.C., Houston, TX

 

DEFENSE ATTORNEY(S)
Wesley R. Ward,
Hope & Causey,
Houston, TX
FACTS & ALLEGATIONS

On Aug. 19, 2014, plaintiff Lizette Ventura, 19, a student, was driving on Boone Road, in Houston. She stopped at a stop sign at High Star Drive and was rear-ended by a hit-and-run driver. Ventura claimed that she suffered injuries of her back and neck. She had $30,000 in uninsured-motorist coverage with Allstate Fire and Casualty Insurance Co., and she filed a UM claim. The adjuster was Daniel Ramirez.

Ventura sued Allstate and Ramirez. Against Allstate, she asserted a UM claim. She alleged that the hit-and-run driver was negligent in the operation of his vehicle. She asserted extra-contractual claims against both Allstate and Ramirez, but those claims were severed three years before trial.

On the morning of trial, Allstate stipulated to the hit- and-run driver’s negligence.

RESULT

The jury determined that Ventura’s damages totaled $380,295. Ventura’s recovery will likely be limited to the insurance policy’s limit: $30,000.

LIZETTE VENTURA

$10,295 past medical cost
$100,000 future medical cost
$10,000 past physical impairment
$125,000 future physical impairment
$10,000 past pain and suffering
$125,000 future pain and suffering
$380,295

DEMAND OFFER

$30,000 (insurance coverage’s limit)
Offer $7,800

TRIAL DETAILS

Allstate Insurance Co.

INSURER(S)

Trial Deliberations: 1.5 hours
Jury Vote: 10-2
Jury Composition: 4 male, 8 female

PLAINTIFF EXPERT(S)

Bobby Pervez, M.D.,
pain management,
Sugar Land, TX
(treating doctor;
videotaped testimony presented)

DEFENSE EXPERT(S)

None reported

Editor’s Note:This report is based on information
that was provided by plaintiff’s and defense counsel. –John Schneider