Jennifer Penn v. Farmers Insurance
Published: Sep. 24, 2011 | Result Date: Sep. 1, 2011 | Filing Date: Jan. 1, 1900 |Case number: Case Not Filed Settlement – $500,000
Court
Santa Clara Superior
Attorneys
Plaintiff
Daniel C. Schaar
(Carpenter, Zuckerman & Rowley LLP)
B. Robert Allard
(Corsiglia, McMahon & Allard LLP)
Defendant
Andrew M. Lauderdale
(Kreeft, Pedersen & Lauderdale)
Experts
Plaintiff
Agnes M. Grogan R.N.
(medical)
Rajeev Kelkar Ph.D.
(technical)
Defendant
William Stearns
(medical)
Facts
On June 3, 2005, plaintiff Jennifer Penn, 15, suffered serious personal injuries as a result of a high speed rear-end motor vehicle collision that occurred on Main Street in Morgan Hill. Penn was the seat-belted right rear passenger in a Ford Explorer driven by Steven Harrison. Kaleb Simpson was the third-party driver who was deemed 100 percent at fault for this collision. Simpson carried a $25,000 policy, which was exhausted before the UIM case was initiated.
Settlement Discussions
Defendant initially offered $190,000. Plaintiff demanded the UIM policy limits of $475,000. After defense retained expert William Stearn confirmed future surgery would be needed, defendant tendered the policy limits.
Injuries
Penn suffered severe orthopedic injuries, including a posterior superior labral tear of the right shoulder requiring surgical repair. Her cervical and thoracic spine injuries required several months of physical therapy and rehabilitation. For over two years following the accident, Penn underwent an extensive course of physical therapy and medical treatment for relief of her orthopedic injuries. She was originally diagnosed with having suffered a cervical sprain, thoracic outlet syndrome and right shoulder pain. Penn also had recurring nerve pain at C5, which, to a reasonable degree of medical certainty, would require future care.
Result
Plaintiff had $500,000 in UIM coverage. Plaintiff settled her third party claim for policy limits of $25,000, thus a credit was applied, resulting in a $475,000 UIM settlement.
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