HOUSTON - Today, the First Court of Appeals affirmed a no damages award in a lawsuit brought against Texas Farm Bureau Mutual Insurance over underinsured motorist benefits.
The lawsuit was brought by Katherine Hunter, who was hit by a car while walking across the street, court records show.
The motorist, Lindsey Martin, was initially stopped at a red light. When the light turned green, she turned her car onto the street that Hunter, who had the right of way, was simultaneously crossing on foot.
Hunter sued Martin for negligence and Martin’s insurer paid Hunter $50,000, which was the policy limit of Martin’s insurance. Hunter non-suited her claim against Martin, court records show.
Texas Farm Bureau paid Hunter $10,000 under the personal-injury-protection provision of her policy. The parties subsequently tried Hunter’s claim for additional damages under the underinsured-motorist provision to a jury.
Court records show a jury found that the underinsured motorist was mostly to blame for the accident but awarded no damages.
The trial court rendered a take-nothing judgment in Texas Farm Bureau’s favor based on the jury verdict.
On appeal, Hunter argues that the evidence is legally and factually insufficient to support the award of no damages.
Justices affirmed the trial court’s judgment.
Hunter is represented by The Cole Law Firm, along with Durham, Pittard & Spalding.
Baker Botts represents Texas Farm Bureau.
Appeals case No. 01-20-00443-CV