Karen L.

Jan 01, 2013

OUTCOME: Settled

Karen L. was a passenger in her employer’s large truck. The truck engine malfunctioned and spilled several gallons of oil onto the freeway. Karen was standing waiting for help, when a car hit the oil s ... lick, lost control and hit Karen , pinning her between the car and the truck. Karen was transported by ambulance to a nearby hospital emergency room. Emergency surgery was performed on her legs. Karen was off work for nearly 2 years, while she continued with intense medical treatment and recovery. She was paid two thirds of her salary, under her company’s worker’s compensation insurance, while she was recovering. Apple Law Firm, on behalf of Karen, sued the truck dealership that had repaired the truck just before the accident. The dealership sued the truck manufacturer, which in turn sued the companies that made and distributed the engine part. The multiple defendants and their attorneys complicated the case and prolonged its resolution. Apple Law Firm hired several experts, including a prominent national professional engineer. All of the other parties also hired their own engineers. Our engineer concluded that the engine part that failed was defectively manufactured, and caused the truck to stall in a very dangerous position on the freeway, exposing Karen to injury The dealership, truck manufacturer and other defendants tried to dodge fault for Karen’s injuries, each claiming the other was at fault. They also argued that the driver who lost control did so, not because of the oil on the freeway, but due to failure to operate his vehicle safely in the rain. After several years of litigation, numerous court hearings, and the depositions of all the parties’ experts as well as all witnesses, everyone finally agreed to mediation just before the scheduled jury trial. Karen’s case settled at mediation for an amount in the low 7 figures, pursuant to a confidentiality agreement which prohibits disclosure of the actual amount. Under Nevada law, and the contract between Karen’s employer and its Workmen’s Compensation insurance carrier, Karen was obligated to pay back over $350,000 for salary and medical bills. Apple law firm successfully negotiated a reduction of over $190,000, which resulted in a much higher net recovery for Karen.