Perry Patricia Mason v. State Farm Mutual Automobile Insurance Company
Published: Feb. 11, 1995 | Result Date: Jan. 25, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV941604RJK – $5,000
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Thomas E. Beach
(Beach Law Group LLP)
Experts
Defendant
Richard McAtee
(medical)
Facts
In April of 1990, Plaintiff Perry Patricia Mason was involved in an automobile accident with an uninsured motorist; she then submitted a claim to Defendant State Farm, her uninsured motorist carrier. Twelve months later, no settlement had been reached; and Plaintiff had been diagnosed with cancer. In September of 1992, an arbitration by Jerome Berenson resulted in a Plaintiff's award of $50,000 ($20,000 over policy limits); the arbitrator later modified his award to conform with the policy limits of $30,000 (The Court did not allow into evidence the fact that the initial award was $50,000.
Settlement Discussions
Defendant contends it made no offer and Plaintiff demanded $250,000 reduced to $15,000 prior to trial. Plaintiff contends her only formal demand was $15,000.
Damages
Plaintiff claimed attorney fees on the underlying UM claim in the amount of $5,000 and emotional distress damages. Plaintiff's punitive damages claim was stricken by the Court on a Rule 50 motion for judgment as a matter of law.
Deliberation
7 hours
Poll
8-0
Length
5 days
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