Case Conclusion Date:January 1, 2006
Practice Area:Car Accidents
Description:On September 17, 2005, the defendant, while in the course and scope of her agency with a logging company, pulled out from a stop sign and negligently drove her truck into the side of our client’s mini-van. At the time of the collision, our client was 28-weeks pregnant with twins (one male and one female). Upon impact, our client’s seatbelt cinched down, causing the male twin’s placenta to rupture. Our client was transported to the hospital, where an emergency C-section was performed. Doctors could not save the male twin, but they were able to save the female twin. However, the female twin suffered a severe brain injury that caused several developmental abnormalities, including slow mental development, motor problems, and vision problems. Subsequent neuropsychological testing demonstrated that the female twin’s cognitive level was in the mentally retarded range. The defendant initially insisted that she only had liability coverage of $100,000 per person and $300,000 per accident. However, after suit was filed, plaintiff discovered that defendant was acting in the course and scope of her agency with defendant logging company. Plaintiffs subsequently amended their complaint to include a claim against the logging company under respondent superior. The logging company had an additional $1,000,000 in liability insurance coverage, thus increasing the total insurance coverage to $1,300,000.