Donny Baker v. Shayna Kathryn Osborne
Published: Dec. 6, 2008 | Result Date: Oct. 27, 2008 | Filing Date: Jan. 1, 1900 |Case number: 621975 Settlement – $315,000
Facts
On May 26, 2007, at 2:00 p.m., the defendant pulled away from a stop sign and collided with plaintiff's path of travel.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent and was responsible for all plaintiff's injuries. Mercury Insurance refused to pay $250,000 policy limits until just before MSC. Mercury also did not disclose excess limits until just before MSC.
DEFENDANT'S CONTENTIONS:
The defendant did not contest liability but disputed the nature of plaintiff's injuries and damages.
Damages
Plaintiff had medical bills of $150,000, plus a wage claim.
Injuries
The plaintiff suffered fracture of eight ribs and three transverse processes in thoracic spine and punctured lungs. The plaintiff has good recovery but still has some back problems requiring epidurals.
Result
The case settled shortly after MSC for $315,000, $250,000 policy limits from primary carrier and $65,000 from excess carrier.
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