Stephen W. Ferris v. State Farm Insurance Company
Published: Jul. 19, 1997 | Result Date: Jan. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: DUM0001544 – $19,859
Judge
Court
Skagit Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John J. Barone
(medical)
Facts
On Oct. 25, 1995, plaintiff Stephen W. Ferris, a 48-year-old journeyman electrician, was driving a pick-up truck traveling eastbound on Highway 20 in Sedro-Woolley, Wash. He was stopped and was waiting for the vehicle immediately in front of him to make a left turn. The vehicle immediately behind the plaintiff's truck was rear-ended by a vehicle driven by an uninsured motorist. As a result of this impact, the plaintiff's vehicle was rearended and was pushed into the vehicle immediately in front of it. The plaintiff brought this action against his uninsured motorist carrier based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $25,000 (policy limits). The defendant made a settlement offer of $10,000.
Specials in Evidence
$1,626.49 $733.14 $___________ $___________
Damages
The plaintiff also claimed $2,023.02 in property damage.
Injuries
The plaintiff claimed he suffered cervical strain and aggravated tendinitis to his right wrist.
Other Information
The award was reached approximately four months after the case was filed. The arbitration was held on Jan. 31, 1997 before David Lycette of Washington Arbitration and Mediation Services (WAMS). The defendant carrier was ordered to reinstate PIP benefits, and to pay all past and future medical expenses under the PIP coverage until such time as the carrier has a basis to discontinue the PIP benefits. Defendant State Farm Insurance had previously terminated PIP benefits on the basis of an Independent Medical Examination (IME). The arbitrator ruled that the IME was inconsistent, and that State Farm could not rely on a favorable part of its IME and disregard an unfavorable part. The arbitrator also ruled that reasonable notice should have been given in advance of cessation of PIP benefits so that the plaintiff could have the issue resolved and not need to stop chiropractic treatment. (The parties stipulated to arbitrate both the uninsured motorist claim and the P.I.P. coverage issue at the same time.)
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