Reported in the Lawyers Weekly
In this case, the plaintiff was operating a motor vehicle when he was struck by the defendant who ran a stop sign. The defendant argued that the plaintiff was exceeding the posted speed limit, and that he did not have the time to stop at the stop sign that was approaching. The defendant held an insurance policy with a limit of $250,000. In addition, he hired an accident reconstruction expert in order to give his argument further support.
Due to the severity of the accident, the plaintiff underwent surgical procedures to correct several injuries. The injuries that occurred during the accident included a fibular fracture, tibal plateau fracture, rotator cuff injury, nerve injury, fractured ribs, and radiculopathy. To add to this, the plaintiff needed a right knee replacement.
The counsel for the defense obtained the plaintiff's past medical history in an attempt to show that the injuries were more severe due to the plaintiff's old age. The case ended with a final offer of $225,000.00, just shy of the entire insurance policy.
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