Kaczmarczyk v C&S Hogerheide, Inc
Jul 20, 2016OUTCOME: $450,000 Settlement
Initially rejected by two other law firms, this unique third-party auto case resulted in a pre-suit settlement of $450,000. The accident occurred on January 27, 2015, in rural Manistee County. An unkno ... wn driver working for Defendant C&S Hogerheide, Inc, delivered a package to Plaintiff Gerald Kaczmarczyk. After delivering the package, the driver attempted to back the delivery truck out of Kaczmarczyk's driveway, but got stuck in the snow. The driver asked Kaczmarczyk to help him get the truck unstuck. Kaczmarczyk, who has an affable nature, agreed to help. He picked up a shovel and began shoveling snow out from behind the truck's tires. As Kaczmarczyk was on his knees clearing snow from one of the back tires, the driver got into the vehicle and, without providing any notice or warning, accelerated in reverse. Kaczmarczyk was shocked and lurched backwards. As he fell backwards, his knees remained straight as his legs went out in front of him and his hips flexed. The doctor's referred to this as a "jack knife type injury." The driver perfunctorily asked Kaczmarczyk if he was ok, got back into his vehicle and drove away. Kaczmarczyk was left lying in the snow. There was never any contact between Kaczmarczyk and the truck. Kaczmarczyk's PIP carrier denied the claim, determining (incorrectly) that he was not entitled to no-fault PIP benefits under these facts. Because the case settled pre-suit, the driver was never identified. However, after talking with Kaczmarczyk's neighbors, his attorneys found a witness to the accident. The witness signed an affidavit describing how the accident occurred, which was crucial in settling the case pre-suit. Kaczmarczyk suffered a fully torn hamstring and compartment syndrome in his right thigh. Gruesome bruising developed. This caused excruciating pain immediately after the accident, but healed up pretty well with no surgery. Several months after the accident he was also diagnosed with a torn rotator cuff, although he had significant pre-accident shoulder problems and causation of the rotator cuff tear was disputed.