After a 4-day trial in Pierce County District Court, the jury returned a defense verdict on a heavily disputed UIM case. Smith Freed Eberhard represented Defendant Travelers Insurance Co. with Joy Lee as lead trial counsel and Paige Kolbrick as second chair. 

This case arose out of a side swipe vehicle collision that resulted in minimal property damage to both vehicles. The Plaintiff settled his claim with the at-fault driver for her $50,000 policy limits and then pursued a UIM claim against his insurer. Due to an ongoing dispute in value, Plaintiff then filed suit against Travelers claiming that the injuries he sustained in the accident required future surgery. Plaintiff initially complained of minor sprain and strain injuries to his neck and back, but his damages claim was primarily based on a Triangular Fibrocartilage Complex (TFCC) tear in his right wrist discovered two months after the accident. Plaintiff claimed this TFCC tear was caused by the April 2019 accident when the steering wheel “jerked” on impact. Plaintiff, however, was involved in two subsequent motor vehicle accidents, plus a serious workplace construction accident, where a 1,000-pound steel pipe rolled over Plaintiff’s fingers up to his shoulder, pinning Plaintiff’s right arm and crushing two fingers. Nonetheless, Plaintiff claimed he had fully recovered from those subsequent accidents, and alleged the April 2019 accident was the source of his ongoing right wrist pain, necessitating a future surgery. 

Based on the $50,000 settlement with the underlying tortfeasor, Defendant Travelers took the position that Plaintiff had been fully compensated for his accident-related injuries.  And while Defendant Travelers conceded to approximately $4,000 in past medical specials for his initial neck/back treatment, his treatment for his alleged right wrist injury and need for future treatment, inclusive of a corresponding future wage loss claim, was heavily disputed.  In support of this position was the fact that Plaintiff had not actively sought out surgery since the discovery of the TFCC tear in 2019, and their defense medical expert’s (Dr. Ghidella) opinion that Plaintiff’s TFCC tear was not related to the April 2019 accident.  

At trial, the court excluded Defendant’s biomechanical expert and made several rulings in favor of Plaintiff on preliminary motions. Despite objections, the court also allowed Plaintiff’s counsel to make improper arguments, including comments insinuating bad faith claims handling (not pled in the Complaint) and that Plaintiff suffered harm and distress from the litigation itself. In closing, the Plaintiff asked the jury to award the jurisdictional limit of $100,000 and Defense requested approximately $12,000 ($4k in past meds; $8k in general damages).  In the end, the jury awarded a total verdict of $16,000 ($4k past medical specials; $12k general damages). The jury did not award any future damages. Since the total jury verdict was less than the applicable offset, Travelers ultimately owed nothing to Plaintiff post-verdict.