Zachary Summerfield v. State Farm
Published: Aug. 29, 2009 | Result Date: Jun. 1, 2009 | Filing Date: Jan. 1, 1900 |Case number: Case Not Filed Arbitration – $1,538,100
Court
Case Not Filed
Attorneys
Claimant
Gregory R. Vanni
(Thon, Beck, Vanni, Callahan & Powell)
Respondent
Jennifer T. Tseng
(Tseng & Associates)
Experts
Claimant
Eric Spayde
(medical)
Agnes M. Grogan R.N.
(medical)
F. Daniel Kharrazi
(medical)
Lawrence Miller M.D.
(medical)
Respondent
Anthony F. Feuerman
(medical)
Robert M. Wilson M.D.
(medical)
Facts
On Feb. 7, 2005, claimant Zachary Summerfield, 26, was involved in an automobile collision on the freeway. The collision occurred when the adverse motorist swerved directly into the claimant's door panel. The claimant's claim against the driver was settled for $100,000 policy limits. An underinsured motorist claim was filed with State Farm on Sept. 30, 2008.
Settlement Discussions
Claimant settled the underlying case for $100,000 (policy limits) and then filed an underinsured motorist claim with his insurance company, State Farm. The claimant demanded $1.9 million ($2 million policy limits, less the $100,000 previously paid). State Farm made one offer for $20,000 two days before the arbitration, more than four years after the accident.
Specials in Evidence
$192,373 $120,000 $38,610 $60,000
Injuries
The claimant suffered a closed head injury, whiplash injury to cervical spine, 2-3 mm bulge of lumbar spine, and annular tear. Claimant had surgery involving an anterior fusion of the L5-S1 vertebra with permanent residual pain and numbness.
Result
Award to claimant for $1,538,100, less $100,000 previously paid in the underlying claim for a total of $1,438,100.
Other Information
The claimant had a pre-existing history of bipolar disorder with incidents of alcohol and drug abuse, which State Farm brought out to defeat the claim for permanent pain syndrome. The claimant was a rock band lead singer at the time of the accident. Defense counsel played a video at the conclusion of the arbitration showing the claimant performing at a concert after the accident, arguing that it impeached claimant's claim of permanent pain and physical limitations. EXPERT TESTIMONY: Dr. Eric Spayde testified that claimant required a lumbar fusion at L4-5 as a result of the accident. Dr. Robert Wilson testified that the need for surgery was the result of a congenital pars defect of the lumbar spine unrelated to the accident. He further testified that claimant suffered a soft tissue injury only and required only several weeks of physical therapy, and that all treatment after that time was not attributable to the accident. Dr. Anthony Feuerman testified that the pars defect could not be caused by the accident and that the surgery was unnecessary and unrelated to the accident. FILING DATE: Feb. 6, 2007.
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