Hobert Tiller and Candace Tiller v. Jason Lundy, Raymond Lundy, Joyce Lundy, and RGIS LLC
Published: Oct. 11, 2014 | Result Date: Jun. 17, 2014 | Filing Date: Jan. 1, 1900 |Case number: 11CECG01094 Settlement – $577,500
Court
Fresno Superior
Attorneys
Plaintiff
Dennis A. Grossman
(Grossman Law Offices APLC)
Paul Grossman
(Grossman Law Offices )
Defendant
Abigail R. Leaf
(Church Law Group Inc.)
Facts
Hobert Tiller and Candace Tiller filed an action against Jason Lundy, Raymond Lundy, Joyce Lundy and RGIS LLC based on a vehicular accident. Tiller's workers' compensation carrier, Federal Incinerate Co. also sued the Lundys and RGIS for a refund of the benefits it had given on behalf of the plaintiffs' claim for workers' compensation.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that on May 8, 2009, Hobert was driving a tractor-trailer when a head-on collision with Jason Lundy's vehicle occurred. Lundy was asleep at the wheel when the accident occurred and drove in Hobert's lane on the road, striking the front of the truck. Tiller argued that Lundy's parents and his employer should also be liable for the accident.
DEFENDANT'S CONTENTIONS:
Defendants argued that Tiller already had a neck injury before the accident and that he underwent needless surgeries.
Injuries
Hobert suffered back and neck injury, decreased range of motion, cervical fusion, nerve impingement, and epidural injections. He also received physical therapy.
Result
The parties agreed to a settlement amounting to $577,500, including the Lundys $100,000 insurance policy limit and RGIS' insurer's payment of $477,500. In addition, Federal Insurance netted $95,000 under the settlement and was entitled to a credit.
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