Reported in the Lawyers Weekly
In this case the plaintiff was traveling as an occupant in a motor vehicle operated by her fiancé. The vehicle in which the plaintiff was a passenger was struck by the defendant's tractor trailer when switching lanes. As a result the plaintiff's car lost control, and in turn rolled over. During this, the plaintiff was thrown from the vehicle and landed on the roadway.
During the incident the plaintiff suffered significant injuries to her head, in addition to a fractured clavicle (shoulder).
When thrown from the car, the plaintiff's head struck off of the road causing injury. At the time the plaintiff was wearing a seatbelt, but this did not prevent her from being ejected. Immediately following the incident, the plaintiff was taken by ambulance to a nearby hospital. She was admitted for head and scalp injuries and stabilized. After several days, the plaintiff was released from the hospital.
Due to the significant injury to the clavicle, the plaintiff continued to suffer from pain in the shoulder. Additionally, the plaintiff had a large scar on her forehead from the impact with the road.
While filing suit, counsel for the plaintiff was discussing a settlement with the defendant's insurer. During the settlement talks, the defendant agreed to a meeting with the plaintiff's counsel. At this time the defendant apologized to the plaintiff for the incident. Before the meeting, both parties agreed that it would be used as a settlement discussion. In turn, if a settlement had not been reached in this meeting, any conversation would have been disallowed at the trial. The insurer agreed to pay $200,000.00 as compensation for the plaintiff's pain and suffering and permanent scarring.
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