Confidential
Settlement – $85,000Court
Confidential
Attorneys
Plaintiff
John H. Upton
(Morey & Upton LLP)
Christopher J. Morey
(Morey & Upton LLP)
Defendant
Facts
On Dec. 26, 1994, the plaintiff, a 59-year-old elementary school teacher's assistant, was on vacation in Las Vegas, Nevada when an underinsured motorist ran a red light and broadsided her vehicle. The impact destroyed the plaintiff's vehicle and the plaintiff settled with the underinsured motorist insurance carrier for $15,000 (policy limits). Thereafter the plaintiff requested compensation from her insurance carrier pursuant to her underinsured motorist coverage. The plaintiff's carrier initially refused to make an offer claiming the plaintiff had been sufficiently compensated. The plaintiff brought this claim against the defendant under her underinsured motorist coverage policy.
Settlement Discussions
The plaintiff made a settlement demand for $85,000. The defendant initially offered nothing.
Specials in Evidence
$10,145 $9,100
Injuries
The plaintifft alleged she sustained acute costochondritis, acute cervical and lumbar strains, knee contusions, fibia hematoma, acute shoulder sprain with tendonitis and adhesive capsulitis and hematuria due to renal contusion. She claimed her injuries required orthopedic care, including cortisone injections and dynamic range of motion physical therapy. The plaintiff will probably require arthroscopic surgery for her left shoulder adhesive capsulitis.
Other Information
The settlement was reached before a case was filed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390