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.

7. LEFT TURN

$900,000 Settlement

FACTS: The defendant driver drove his car making a left turn into the path of the motorcyclist.

INJURIES: Plaintiff rider sustained a broken ankle in the collision.

RESULTS: New York A.I.M. Attorney Mitchell Proner, convinced the insurance carrier that the accident was the fault of the car driver and the injuries sustained had a permanent effect on the health and earning capacity of his client. His client was very satisfied with the $900,000 settlement by the insurance company, and has set up a college fund for his child and is buying a home. He has also purchased three motorcycles.

IN A SIMILAR CASE: a client was injured while riding his scooter when he was hit by a tow truck turning into a driveway to unload a car it was carrying on the flatbed. At the accident scene, our client received three tickets, all of which were dismissed. The police report had the cause of the accident as being plaintiff rider's failure to see the two truck.

RESULTS: In a four day trial, Attorney Mitchell Proner used eye witnesses and engineering testimony to convince the jury of the tow truck's fault for the accident, and following Mr. Proner's successful jury verdict on his client's behalf, the insurance company for the towing company paid the entire insurance policy of $300,000

8. FAILURE TO LOOK RIGHT AFTER ENTERING INTERSECTION

$2.1 Million Verdict/Settlement

FACTS: County employee went straight across intersection in front of oncoming motorcycle, resulting in major collision.

CONTENTIONS: Motorcyclist contended that county employee was negligent for failure to yield right-of-way, and failure to keep proper lookout, since she failed to look again to her right after she entered the intersection.
Defendant claimed that she had right-of-way, that the motorcyclist was speeding (60+ mph in posted 40 mph zone), and that the motorcyclist was wearing unsafe "beanie" helmet, and may have been under the influence of marijuana.

INJURIES: Fracture to mid-back, resulting in complete paralysis from arm pits downward. Loss of leg, below the knee. Substantial head injuries resulting in considerable loss of memory and brain function.

RESULTS: Jury trial: June 2005, Chico, California. After jury was impaneled, parties waived jury, and tried case before court. Plaintiff biker was represented by California A.I.M. Attorney Randolph Hammock of the Law Offices of Richard M. Lester. Trial lasted 4 weeks, involving 16 expert witnesses, and many other lay witnesses. Defense asked for complete defense verdict.
Court found motorcyclist 75% responsible for speeding, and defendant 25% responsible for failure to keep proper lookout. Gross award: $8.8 million, lowered to $2.2 million. After post-trial motions, case settled for total of $2.1 million.

9. LEFT TURN

$1.3 Million Settlement

FACTS: The negligent defendant attempted to make a left hand turn immediately in front of the motorcycle on which our client was a passenger traveling in the opposite direction.

INJURIES: traumatic brain injury, skull fracture, left tibia-fibula fracture, posterior head laceration, intraparenchymal hemorrhage, right temporal with sub acute hemorrhage bilaterally and sever right knee lacerations.
Client was unresponsive to any stimuli. A CT scan showed multiple contusions in the front tips bilaterally and the right temparietal region.
After remaining in the hospital and being treated for several months she was released into an acute inpatient rehabilitation unit for physical therapy, occupational therapy, rehabilitation nursing, speech therapy, case coordination, psychology and social work. After an extended period in the rehabilitation unit she was discharged to home. The client made a substantial physical recovery and is currently attending school.

NEGOTIATION AND LITIGATION: Defendant driver carried an umbrella policy for $1,000,000.00 over and above the underlying insurance policy of $300,000.00. After the insurance company declined to pay the policy limits, litigation was commenced against the defendant and the insurance carrier.

RESULTS: The case was settled just prior to trial by Attorney Michael Mandelman, for the entire policy proceeds of $1 ,300.000.00. Michael Mandelman is a partner in the Law Offices of Richard M. Lester and frequent speaker on motorcycling rights, individual liberties and subjects relating to the right to ride free. The client also received a structured settlement, with some of the proceeds through the efforts of John Vaclavik, a Senior Partner of the James Street Group that ensured the client will receive a steady stream of tax free annuity payments throughout her lifetime and be well provided for.

10. REAR- ENDED TAXI

$475,000 Settlement

FACTS: On November 24,2001, the Plaintiff was working as a taxi driver in San Francisco, and had just dropped off a customer on the southwest comer of California and Hyde Street, when his vehicle was rear-ended.

His customer had fully exited the cab when he was suddenly rear-ended by a Nissan Altima which had been stopped momentarily behind his vehicle. The Nissan had been rear-ended by a Honda Civic and pushed into the rear of the taxi cab.

INJURIES:

Immediately after the accident, the plaintiff was transported via ambulance to a nearby hospital where he complained of left-.sided neck and lower back pain. The plaintiff initially sought chiropractic care. When his pain continued he was referred to an orthopedic surgeon. After review of x-rays and MRIs it was the orthopedic surgeon's opinion that the plaintiff suffered from Grade I Type II spondylolisthesis coupled with stenosis which accounted for his debilitating back pain. It was his opinion that the plaintiff required spittalfusion.

Due to the fact that the plaintiff had no health insurance and his worker's compensation claim for surgery was denied, he was unable to immediately obtain his surgery. However, after much delay, the plaintiff finally did undergo a three level spinal fusion of L4-SI with instrumentation.

LITIGATION:

The defendant denied that the plaintiff's injuries were a result of the accident. Instead they claimed that the plaintiff had a pre-existing condition, acknowledged by the plaintiff, and that the impact from the collision was not a substantial factor in causing the plaintiff's pain. In fact, while the plaintiff was attempting to obtain health coverage so that he could undergo surgery, the defendant claimed that the plaintiff was exaggerating his claim and would never undergo surgery. A lawsuit was filed against the defendant; a young gentleman who was driving his friend's car with her permission", and against the owner of that vehicle.

Through the use of an accident reconstruction expert and a biomechanical engineer; who· examined the accident scene as well as the damage to the respective vehicles, the plaintiff's attorney was able to prove that the impact was significant arid certainly exacerbated the plaintiff's preexisting congenital condition.

RESULTS: Due to the hard work of Southern California AIM Attorney Michael DeKruif convincing the defendant that causation would be proven at trial, the case settled. for $475,000.

11. Loose Dog Vs. Biker

- Biker Wins

$75,000 Settlement

$100,000 Meds Waived

FACTS:

An Oregon biker we'll call "George", went down hard when he hit a dog in the road, at night. Unfortunately, George had been drinking, just over the legal limit, although he was not cited. Oregon has a mean-spirited new law from the INSURANCE dogs that says IF you were under the influence when you had a wreck, citation or not, or if you just had no insurance, you get ZERO dollars for pain and suffering, even though the accident was NOT your fault! And in George's case, alcohol or not, this wreck was NOT his fault. But, of course, the case didn't look promising. Nobody on a jury likes to give money to a supposedly drunk biker.

INJURIES:

Plaintiff had severe injuries he nearly died from. He required emergency thoracic surgery, and spent about three weeks in the hospital. He ultimately survived just fine; except financially. Soon after the wreck, some friends knew about AIM, so George talked to AIM and they sent George to Sam Hochberg, 16+ years the Oregon AIM Attorney.

Negotiation:

First thing, this dog had an owner. The area had a leash law, and a dog owner doesn't get to let his mutt roam at will. Sam-found the owner and his homeowner's insurance, and then got to work. George's health insurance paid up, but in Oregon, they have a statutory right to get their money back out of the case. But, that doesn't mean Sam can't hustle. There was also a pot pipe found in the vicinity of the wreck. Though not very near, that the insurance company tried to claim was George's. Sam used some of his trade-secret negotiating tactics with BOTH the health -insurer and the homeowner's insurance adjuster.

RESULTS:

A jury might well have given George nothing. But, even with the alcohol the pipe, the case settled, and after Sam negotiated a heavily discounted reimbursement to the health carrier, George still put over $75,000.00 in his pocket, and that's after attorney fees and medical bills. No suit was ever filed. Oh yeah, and in case you were wondering, the dog died.

12. U-Turning Construction Truck

$100,000 Settlement

FACTS:

On January 10, 2003, plaintiff, a 58.vear old program analyst for the Southern California Drug Task Force, was riding his motorcycle northbound in Fountain Valley, California when a parked construction truck suddenly made a U-tum directly in front of him.

Contentions:

Plaintiff contended defendant driver and trucking company were negligent in the operation of their vehicle, that the driver was in the course and scope of employment and that al! injuries and damage were reasonable and related to the accident Defendant trucking company and its insurance carrier did not contest anything except the nature of plaintiffs ongoing recovery.

INJURIES:

Fractures to right femur, left femur, right tibia/fibula and right forearm. All above fractures required open reduction/ internal fixation. Also, three fractured ribs and a left shoulder separation.

RESULTS:

Plaintiffs medical bills totaled approximately $360,000, and he had loss of earnings in the amount of $20,000. California A.I.M. Attorney Sam M. Eagle, demanded the balance of the $1 million policy for his client, which, after all property damage payments, was $992,618. On August 12, 2003, the carrier offered $625,000, claiming plaintiff made a "good recovery." On September 10, the carrier offered $725,000, and on September 19, the offer was raised to $875,000 claiming that was the final offer. Suit was filed on October 23, and sent to the carrier indicating if the policy was not offered· by November 21, suit would be served on defendant trucking company and plaintiffs policy demand would be withdrawn. On November 18, the carrier offered the full remaining policy amount