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Personal Injury
Auto v. Motorcycle

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

Court

Stanislaus Superior


Attorneys

Plaintiff

Steven C. Kirby
(Kirbys Law)


Defendant

Charles J. Cherrington

Matthew K. Hawkins


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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