Confidential
Settlement – $17,500Court
King Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerold F. Garrett
(medical)
Robert D. Grundy
(medical)
Kimball W. Rice
(medical)
James Raisis
(medical)
Nancy Worsham
(medical)
Christopher Smythies
(medical)
Facts
On February 20, 1994, Defendant's automobile stalled in the driveway of Plaintiff's apartment building between 3:30 a.m. to 4:30 a.m.; she had driven Plaintiff's roommate home from a party. At Defendant's request, Plaintiff attempted to help her move her car by pushing it while she steered and braked. Defendant attempted to assist Defendant by partially getting out of the car to help him push when she lost control of the car and it rolled over him. Defendant had allegedly consumed alcohol at the party. Plaintiff was a 29-year-old department manager in a warehouse hardware and home goods store.
Settlement Discussions
Plaintiff contends that they demanded policy limits of $25,000 or higher (if limits exceeded $25,000) plus personal injury protection coverage for Plaintiff, as a pedestrian, under Defendant's policy ($10,000 policy limits). Plaintiff further contends that Defendant offered $17,500 on Defendant's liability policy plus $10,000 under her personal injury protection coverage.
Specials in Evidence
$9,618 $380
Injuries
Bulging disc at T2-3 and indentation of spinal cord requiring emergent care and physical therapy; herniated discs and a free disc fragment at L4-S1 requiring an MRI and physical therapy; limited movement; headaches; residual radiating pain in back and legs; and difficulty sleeping.
Result
Plaintiff received a settlement of $17,500 liability plus $10,000 personal injury protection coverage, as a pedestrian, under Defendant's personal injury protection policy.
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