Schmitt v. Secura Insurance

Case Background

Michelle Schmitt filed an auto negligence lawsuit seeking damages after she suffered a mild TBI and other injuries in a motor vehicle accident.

The case was filed in the Illinois Fourth Judicial Circuit Court. Judge Melanie Brummer presided over this case. [Case number: 22-8]

Cause

On September 10, 2019, Michelle Schmitt, then 54 years old, stopped on Taylorsville Road to turn left into a subdivision. Shortly after, Alexandra Stevens rear-ended her vehicle with moderate force. Despite the collision, no injuries were reported at the scene.

Injury

About two hours later, Schmitt went to the ER at Norton Brownsboro Hospital with soft-tissue symptoms. These symptoms continued, so she returned to the ER six days later, now experiencing radiating neck pain and headaches. Schmitt then began a complicated pain management plan, which included RFA therapy and epidural injections.

Schmitt also connected a concussion and mild traumatic brain injury (TBI) to the collision. She reported cognitive and emotional issues, as well as hearing loss, tinnitus, and dizziness. Additionally, the injuries worsened her pre-existing anxiety condition.

Damages

At trial, Schmitt claimed damages for her medical expenses totaling $88,701, with an additional $673,000 for future care. The instructions for pain and suffering were capped at $2.5 million.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Michelle Schmitt
    • Counsel for Plaintiff(s): Cherry Henault | Jon Heck
    • Experts for Plaintiff(s): Dr. Todd Shanks
  • Defendant(s): Alexandra Stevens | Secura Insurance

Claims

Schmitt first filed a claim against Stevens and settled for the $100,000 policy limits. She then filed a direct UIM action against her insurer, Secura Insurance. The minimum UIM coverage was $110,000, which included Stevens’ policy limits and PIP. The UIM policy had a $500,000 limit, and any award over $610,000 would exceed that amount.

Defense

Secura defended the case on several grounds. First, they pointed out that Schmitt had no reported injury at the scene. They also noted her prior history of similar complaints.

Expert Testimony

Schmitt built her case with testimony from Dr. Todd Shanks, a neurosurgeon in Louisville. He confirmed the injuries and Schmitt’s need for ongoing care, linking them to the collision. The defense relied on two independent medical exams (IMEs), conducted by Dr. Timothy Allen, a neuropsychologist in Lexington, and Dr. Henry Tutt, a neurologist in Lexington. Tutt specifically disagreed with the diagnosis, stating that Schmitt had not suffered a concussion or any neurological injury. Allen attributed Schmitt’s complaints to a somatic symptom disorder caused by pre-existing conditions. He also recommended that she follow her treatment providers’ advice to undergo cognitive behavioral therapy.

Jury Verdict

This auto negligence case was tried in Taylorsville. On November 14, 2024, the jury returned a verdict in favor of Schmitt. The jury awarded medical expenses of $25,000, with an additional $15,000 for future care. Further, Schmitt received $50,000 for pain and suffering. The total verdict amounted to $90,000, which did not exceed the $100,000 coverage floor.

Court Documents:

Available for purchase upon request