Stephen Upham and Sharon Upham v. Farmer's Insurance Exchange
Published: Mar. 24, 2007 | Result Date: Jan. 17, 2007 | Filing Date: Jan. 1, 1900 |Case number: Confidential Settlement – $850,000
Court
Case Not Filed
Attorneys
Plaintiff
Kevin R. Allen
(Allen Attorney Group)
Defendant
Experts
Plaintiff
Edward Damore
(medical)
Defendant
David J. Schurman
(medical)
Facts
In April 2003, plaintiff Stephen Upham was crossing the street at River Oaks Parkway and Montague Street in San Jose. Debra Barnewitz struck plaintiff with her SUV. At the time, Barnewitz was driving 35 mph. Plaintiff was thrown into the air before rolling and stopping on the median alongside the street. Plaintiff sued, alleging negligent operation of a motor vehicle. The parties settled pursuant to Barnewitz's $100,000 policy limit. Upham filed an underinsured motorist claim against his own motor vehicle policy with defendant Farmer's Insurance Exchange. The filings included plaintiff's wife's loss of consortium claim.
Injuries
Plaintiff suffered from a spiral oblique fracture in the proximal aspect of the humeral shaft in his left arm, and fractures in two smaller bones in the lesser trochanter and greater trochanter near the inside and outside shaft of his left femur. An open reduction internal fixation surgery was required. Two subsequent operations that involved a bone graft and the removal of hardware and scar tissue were also performed. Plaintiff then required physical therapy. His left shoulder will be permanently impaired and he will need a shoulder replacement.
Result
The parties settled for $850,000.
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