Rear-ender — Multiple Vehicle — Hit and Run — Underinsured Motorist
Auto accident caused injuries of back and neck, plaintiff claimed
Lizette Ventura v. Allstate Fire and
Casualty Insurance Co. and
Harris County District Court, 215th
Elaine H. Palmer
Law Firm, P.C., Houston, TX
Shea N. Palavan, The
Nielsen Law Firm, P.C., Houston, TX
Hope & Causey,
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.
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.
$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
$30,000 (insurance coverage’s limit)
Allstate Insurance Co.
Trial Deliberations: 1.5 hours
Jury Vote: 10-2
Jury Composition: 4 male, 8 female
Bobby Pervez, M.D.,
Sugar Land, TX
videotaped testimony presented)
Editor’s Note:This report is based on information
that was provided by plaintiff’s and defense counsel. –John Schneider