Sandra McBride, et al. v. Allstate Insurance
Published: Jun. 28, 2001 | Result Date: Apr. 6, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002185 Arbitration – $43,500
Court
Ventura Superior
Attorneys
Claimant
Michael H. Silvers
(Michael H. Silvers ALC)
Respondent
John C. Lauritsen
(Boeddinghaus & Velasco)
Facts
On May 25, 1995, claimant, Sandra McBride, age 50 and claimant, Alaina McBride, her 14-year-old daughter,
were driver and passenger in a vehicle operated by Sandra McBride that was involved in accident with third-
party defendant, Dana McBride (unrelated to claimants) who ran a red light and struck the claimantsÆ vehicle.
Dana McBride had no insurance, which the DMV confirmed. The claimantsÆ carrier, Allstate, paid $7,037 in
full satisfaction of the vehicles fair market value.
Settlement Discussions
The plaintiffs demanded $100,000 (policy limits). Just three weeks before the arbitration when the claimants made bad faith allegations, the respondent made an offer of $20,000, which was rejected.
Specials in Evidence
$16,354 (Sandra McBride); $2,321 (Alaina McBride)
Damages
The plaintiffs claimed $_______________(Sandra McBride) and $_________________ (Alaina McBride) in current medical expenses, $______ (Sandra McBride) in future medical expenses, and $__________ (Sandra McBride) in lost earnings. In addition a claim of $8,000 for the loss of the plaintiffÆs vehicle was made.
Injuries
Claimant Alaina McBride, suffered from soft tissue and discogenic injuries which was resolved. Claimant Sandra McBride, suffered a flare-up of her pre-existing fibromyalgia and degenerative disc disease.
Other Information
Kevin Thomas McIvers, of Judicate West, found that the pre-existing condition was responsible for only 20 percent of plaintiffÆs pain and the accident aggravated the pre-existing injury, requiring the defendant to pay for treatment associated with the aggravated portion of the condition.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390