Settlements and Verdicts

 

 

In answer to the many inquiries regarding the A.I.M. attorney track record and in an attempt to keep motorcyclists informed as to the results of the continuing battle for their legal rights, we submit the following case studies.

 

               A new case study will be presented on a monthly basis for viewing.

1. REAR END COLLISION

$2,740,210 Settlement

FACTS: Motorcyclist, 28 year old father and husband, was killed by a driver when he was rear ended while approaching a red stop light at an intersection while on his way to work. He Ieft behind his 21 year old wife and 1-1/2 year old son. In dispute was whether or not the motorcyclist had abruptly stopped an excessive distance prior to the intersection for no apparent reason.

INJURIES: Blunt head trauma as well as multiple traumas. Motorcyclist remained hospitalize, in intensive care for approximately one week before succumbing to his injuries.

RESULTS: As a result of mediation, A.I.M. Attorney MICHAEL DeKRUIF convinced the opposing counsel that liability was clearly on their clients. The defendant who was responsible for the collision had borrowed the vehicle he was driving from a co-worker at his employer's direction in order to pickup a stranded co-worker. Therefore, there were three different insurance policies involved in this settlement. The insurance company for the driver and the car owner paid out policy limits. The rest of the settlement was obtained from the driver's employer's insurance company as the accident occurred while he was in the course and scope of his employment.

 

 

2. U·TURNING CAR

$2'75,000 Verdict

FACTS: On a dark rural road, a disoriented middle-aged woman in a van pulled off to the right side of the road after having missed her tum. The motorcyclist, a mid-4O's high school shop teacher and father was following his friend single-file. The confused driver waited for the first motorcycle to pass, then immediately began to make a U-turn in front of the motorcyclist. The motorcyclist did a good job of extreme braking and evasive maneuvers, almost missing the van. At the time of impact, according to experts on both sides, the speed of the motorcycles was less than 10 miles per hour.

INJURIES: Significant genital bruising, knee injury requiring one arthroscopic repair completed before trial and another arthroscopic repair to the knee to be done following trial. Medical expenses incurred before trial totaled $23,772.61.

RESULTS: The matter was tried before a jury composed of three men, one middle-aged woman, and eight women above middle-age. The driver and her attorney attempted to place the blame for this accident on the motorcyclist, saying the rider attempted to pass her on the left on a two-lane blacktop -while she was signaling a left tum

A.I.M. Attorney BILL McPHILLIPS tried the case to the jury. With help and guidance from McPHILLIPS, the jury unanimously agreed with the version of events given by the motorcyclist, awarded him all medical charges incurred before trial, $19,000 for the future knee surgery and $232,227.39 for pain and suffering, for a total award of $275,000.00 which was paid together with costs of the suit.

 

3. LEFT TURN

$600,OOO Settlement Prior To Trial

FACTS:  Motorcyclist vs. left turning driver; 47 year old truck driver struck down by left turning real estate broker.

INJURIES: Left left multiple extensive intra articular comminuted fractures to knee and left lower leg, requiring internal and external fixation, plates and screws. He had 22 surgeries and skin grafts to leg due to fractures failing to heal and serious infections from surgeries.

DAMAGES: Medical bills of over $443,000. Unable to return to work. He is now able to walk with the aid of a cane.

RESULTS: As a result of mediation prior to trial, A.I.M.Attorney MARTIN D. FOX obtained a maximum policy limits settlement of $500,000 from the defendant's insurance company; Additionally, the defendant realtor paid $100,000 from her own funds after refinancing her home to add to the settlement. Attorney Fox also successfully negotiated a reduction medical bills reimbursement claim of the State of Washington of their claim against the insurance of the defendant from $443,000 down to $50,000 to maximize recovery for his client.

 

4. LEFT TURN

$750,000 Settlement

FACTS:  Motorcyclist, 40 year old father of five -a decorated fire fighter EMT and award winning body builder -was seriously injured when a driver made a bad left tum in front of his motorcycle. In dispute was whether plaintiff was speeding. Their expert, a for- mer State Trooper, calculated his speed to be 51 mph in a 35 mph zone. However, our expert, a nationally renowned engineer, stated that our client was going no more than 28 mph.

INJURIES:  Neck and back injuries -requiring surgeries. Nerve damage, Medical expenses $202;760.48 and lost earnings $54,056.52. Due to the seriousness of plaintiffs injuries, he was terminated from his position as a fire fighter and had to resigned as an EMT. Although, later he was rehired as a Fire Inspector.

RESULTS: As a result-of mediation, A.I.M Attorney Jerry Abendroth convinced opposing counsel that liability was clearly on their client and the injuries and damages sustained were a direct result of the collision. His clients were elated with the settlement of $750,000.00. This amount equaled the highest amount ever awarded during litigation, in this extremely conservative South Georgia county. After much negotiation with the accident related medical providers and health insurance subrogation, Attorney Abendroth saved his client an additional $111,997.26, all of which was given to the client.

 

5.  U-TURN

$2,250,000 Settlement

FACTS:  Idiot cage driver attempts U-tum in front of and into 34-year-old motorcyclist's left leg, crushing it.

INJURIES:  Left leg - multiple extensive intra-articular comminuted fractures to his tibia, femur, with multiple fracture fragments. He had multiple surgeries with plates, rods, wires, and screws to save the leg. He had persistent non-union at two fracture sites and infections, which eventually resolved themselves. He is now able to walk on the leg for short distances and longer distances with the help of a cane.

DAMAGES:  Total Med $340,000.00 reduced to $127,000.00 as payment in full. (this amount also included a $150,000.00 advance by the insurance company for one of the surgeries the motorcyclist needed but wasn't covered by the state aid). Loss of Earnings of $65,835.00 (over a two and a half year period as a general laborer/truck driver).

SETTLEMENT:  After lawsuit was filed but before it was served and BEFORE ANY DISCOVERY, case settled for a present value or $2,250,000.000. Motorcyclist decided to take $400,000.00 in cash with remainder in a monthly annuity with guaranteed future payments of $1,700,000.00 and expected lifetime payments of $3,000,000.00.

 

6. DEFENDANT'S ESTATE MAKES RARE PERSONAL CONTRIBUTION.

$700,000 Gross Settlement

FACTS: Motorcyclist (20 year old male) was injured when defendant's truck made a left turn in front of his oncoming motorcycle. Liability was undisputed. Defendant was owner/operator of a landscaping business, and was acting within the course and scope of his business at the time of the accident. After the accident, but prior to the filing of the lawsuit, defendant dies for unrelated reasons. As such, the lawsuit was against the defendant's estate. Defendant had a commercial insurance policy with a maximum policy limits of $500K.

INJURIES: Right hip dislocation; right ankle fx, resulting in several surgeries. Partial paralysis to left foot, to wit, "dropped foot." Knee fx; various skin graphs to leg and ankle. Fx collarbone. Wrist fx. Total medicals: $230K; Total loss wages: $28K; Future Lost Wages: unknown.

SETTLEMENT:  After lawsuit was filed, and after initial discovery, defendant! estate tendered its policy limits of $500K, which was rejected. Plaintiff sought a personal contribution from the defendant's estate, which is rarely given in personal injury cases. At mediation, the parties agreed to a personal contribution by the estate of an additional $200K to the policy limits of $500K, resulting in a gross recovery of $700K.

RESULTS: After this settlement, a separate lawsuit was filed by A.I.M. Attorney Randy Hammock to address the issue of how much the various hospitals were to be reimbursed from this settlement. The hospitals are seeking over $250K in reimbursement; plaintiffs seeking only to reimburse $1OOK.That case is currently pending.