This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Motorcycle
Underinsured Motorist

Dennis Cammack v. Brandon Burt

Published: Jan. 17, 2020 | Result Date: Aug. 28, 2019 |

Case number: DR150402 Settlement –  $1,500,000

Court

Humboldt County Superior Court


Attorneys

Plaintiff

Michael J. Crowley
(Janssen Malloy LLP)


Defendant

Timothy J. Nisson
(Nisson, Pincin & Hill) for Safeco Insurance Company of Illinois


Facts

On December 7, 2014, an intoxicated Brandon Burt ran over a parked motorcycle at a bar and fled the scene. Dennis Cammack gave chase on his motorcycle, hoping to catch a glimpse of Burt's license plate so he could report him to the police. Burt made a U-turn, then pursued Cammack instead. He pulled in front of Cammack, forcing Cammack to slam into Burt's vehicle. Cammack filed a lawsuit against Burt and pursued his underinsured motorist remedy with his own carrier, Safeco Insurance Company of Illinois.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Burt was negligent in the operation of his vehicle.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Injuries

Plaintiff suffered fractures to his ribs and wrist, as well as back injuries. His back injuries included an L5-S1 broad based disc bulge with central annular fissure causing moderately severe bilateral foraminal stenosis; a large central and left paracentral L4-5 disc protrusion causing marked central spinal stenosis, marked lateral left recess stenosis, and marked left and moderate right caudal foraminal narrowing; and a broad based disc bulge at the T7-8 level. Plaintiff also claimed to have suffered a traumatic brain injury. He ultimately required two back surgeries. He claimed substantial past and future wage loss claim, due to functional limitations that precluded his return to his occupation.

Result

The parties reached a settlement agreement. Defendant Burt's insurance paid plaintiff its policy limit of $15,000 and Safeco Insurance tendered its underinsured motorist and excess coverage of $1,485,000, for a total of $1.5 million.

Other Information

Consolidated with: Dennis Cammack v. Safeco Insurance Company of Illinois.


#134001

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390