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.
6. 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
7. 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.