Tonirose Miller v. Carmel Unified School District
Published: Jul. 2, 2021 | Result Date: Jun. 8, 2020 |Case number: Case Not Filed Settlement – $425,000
Judge
Attorneys
Plaintiff
Michele C. Kennedy
(Swartz & Kennedy)
Defendant
Keith R. Schirmer
(Edrington, Schirmer & Murphy LLP)
Megan M. Symonds
(Edrington, Schirmer & Murphy LLP)
Facts
On December 4, 2013, Tonirose Miller, a school bus driver for the Carmel Unified School District, was driving a school bus in the course of her employment when she got rear-ended by an uninsured driver. As a result of the collision, she sustained injuries to her head, neck and back. Instead of filing a lawsuit, Miller sought recovery via the supplementary-uninsured motorist provision of her own insurance policy maintained by her employer, the Carmel Unified School District. She also sought recovery of worker's compensation benefits.
Contentions
PLAINTIFF CONTENTIONS: Plaintiff claimed that she suffered a traumatic brain injury and spinal injury, and her pre-existing depression and anxiety were aggravated by the accident. She also claimed that as a result of the injury, she had work limitations and was disabled.
DEFENDANT CONTENTIONS: Defendant asserted that plaintiff didn't hit her head in the injury and didn't suffer a traumatic brain injury. Defendant also claimed that plaintiff had previously complained of depression, anxiety, and neck and back pain issues, and that plaintiff could return to work with no restrictions.
Result
The case settled for $425,000.
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