On March 5, 2018, Shauna Ferguson, 36, an area sales manager, was driving a full-size pickup truck on Interstate 20, in Smith County. Ferguson slowed for traffic, and a sedan rear-ended her. The investigating police officer faulted the sedan’s driver for failing to control his speed and cited him for driving without a license. Ferguson claimed that she suffered a neck injury, and she filed a claim with the sedan driver’s insurer, Cainsco. That claim settled for the policy limit of $30,000. Ferguson was driving a company vehicle, which had $1 million in underinsured motorist coverage through St. Paul Fire & Marine Insurance Co.
Ferguson filed a UIM claim with St. Paul. She alleged that the sedan driver was negligent in the operation of his vehicle.
St. Paul did not contest the sedan driver’s negligence.
On the day after the accident, Ferguson went to an emergency room. She was treated and released.
Ferguson claimed that she suffered a large herniation of the C5-6 intervertebral disc, a moderate herniation of the C4-5 disc, chronic pain syndrome and cervical spondylosis.
Soon after the emergency room visit, Ferguson followed up with a neurosurgeon and underwent three cervical epidural steroid injections. The injections were on Aug. 13, Aug. 27 and Nov. 19, 2018. On April 11, 2019, she underwent a two-level anterior cervical discectomy and fusion (“ACDF”).
Ferguson claimed that her injuries affected her entire life, including her job, driving and the activities of daily living.
Ferguson’s paid medical expenses were about $230,000. The neurosurgeon opined that Ferguson would probably develop adjacent segment disease and require another fusion, which he opined would cost about $120,000.
Ferguson was also seeking compensation for past and future physical pain, past and future mental anguish, past and future physical impairment, and past and future disfigurement,
St. Paul contended that Ferguson failed to mitigate her damages in that she had health insurance and worker’s compensation insurance and did not use either one. She was on the job at the time of the crash.
St. Paul agreed to pay $750,000 to settle Ferguson’s claim.
Derryberry Zips Wade Lawhorn Attorneys 
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