Auto accident case resulting in injury to the plaintiff including aggravation of pre-existing pars defect. Plaintiff required implantation of spinal stimulator and incurred lost earnings. The defenda...nt insurance company offered $18,000 in settlement prior to trial.
Car accident
Marshall
Aug 22, 2008
OUTCOME: Favorable Settlement
The accident happened on January 13, 2006 at the intersection of Plum and 11th Street in Erie, Pennsylvania. Our client was nine years old at the time. He was riding his bicycle south on Plum Street ...nearing the intersection with 11th Street. The defendant (an Erie Insurance insured) was an elderly woman who was driving west on 11th nearing Plum.
The defendant had the right of way at the intersection. But she also had a clear unobstructed view of Plum and should easily have been able to see our nine year old client on his bicycle.
Despite the clear view, the defendant drove her vehicle into our nine year old bicyclist and never took any action to stop or avoid the collision. She explained that she never saw the bicyclist and stopped later only because she felt the bump.
Amazingly, this case came to us because Erie Insurance sued our nine year old client and his mother for the damage caused to their insured’s car. Erie Insurance actually tried to convince our client’s mother to sign a release without paying a dime for the boy’s injuries. Fortunately, our client’s mom suspected Erie Insurance wasn’t being fair to her and she came to us for help.
After our involvement, the case which began with Erie Insurance suing our nine year old client ended with Erie Insurance paying to settle the case for $41,000. Shortly thereafter, our client’s under-insured motorist carrier paid an additional $22,500 to compensate him for the injuries he suffered in the accident.
Medical malpractice
Askins v. Simmons
Feb 16, 2007
OUTCOME: Verdict for Plaintiff
In this action, my client was treated by an oral surgeon who was fixing a displaced mandibular fracture. We alleged the surgeon made errors in the placement of bone stabilizing screws and a plate. Mo...re particularly, we alleged that the surgeon unintentionally placed the screws through the fracture site which led to poor fixation and later infection and inflammation. A second surgery performed by the surgeon revealed at least one of the fixation screws "floating free" and at least one other was loose. Instead of using "rescue screws" the surgeon merely tightened the existing screws. The result was that the inflammation continued and there was poor fixation of the fracture pieces. The fracture healed with a fibrous union and the mandible was not well aligned. Consequently, our client endured orthodontics and multiple surgeries over a span of several years to repair the damage. Our efforts to persuade the defendant to accept responsibility prior to trial were completely unsuccessful and so we tried our case to a jury. The jury found in our client's favor and awarded him damages of $200,000.