Tarilyn Bosmans v. State Farm Mutual Auto Insurance Company
Published: Sep. 6, 2008 | Result Date: Nov. 29, 2007 | Filing Date: Jan. 1, 1900 |Case number: Case Not Filed Settlement – $250,000
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Sylvain Palmer M.D.
(medical)
Defendant
Mark Strassberg M.D.
(medical)
Facts
On Oct. 5, 2006, plaintiff Tarilyn Cosmans, a 45-year-old computer programmer, was riding in a car stopped at a red light on the SR 133 Canyon Acres Drive exit ramp in Laguna Beach when the car was rear-ended by Roley Brooks. The plaintiff sued Brooks for motor vehicle negligence and settled immediately for $100,000 (policy limit). The plaintiff then brought an underinsured motorist claim against her insurer, defendant State Farm Mutual Auto Insurance Co. (State Farm), who conceded liability.
Specials in Evidence
$98,000
Damages
The plaintiff sought $12,000 in lost earnings and damages for pain and suffering.
Injuries
The plaintiff suffered cervical disc injury, causing stenosis and requiring epidural injections and physical therapy. The defendant argued plaintiff did not fracture her cervical spine.
Result
After plaintiff demanded arbitration, defendant settled for $150,000 ($250,000 policy limits minus $100,000 paid by Brooks). Plaintiff's total recovery was thus $250,000.
Other Information
Insurer: USAA for Brooks.
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