Bracho v. Aramex
Jan 15, 2016OUTCOME: $1,000,000 Settlement
Catherine fell backwards when struck in the leg by something carried on a high low (Hi-Lo type) forklift. The insurance company initially denied the claim and refused to make a settlement offer arguing ... that the accident never happened because 1) the warehouse store was closed on Saturday when the accident was alleged to have happened; 2) an accident report was not made until Monday; and 3) the plaintiff was not taken to the hospital by ambulance from the scene but only drove to the hospital later. The insurance company believed the injury was caused elsewhere. We won Summary Judgment which means the warehouse was found by the court to be 100% at fault for causing the accident. The Insurance company then argued that the value of the injury was not worth what we were demanding because she had a prior neck surgery from a previous accident approximately ten years earlier. We argued that the prior neck surgery put her in a worse condition than she would have been. She needed a new fusion at the same level. We started a lawsuit and after depositions won summary judgment which means that the defendant was found (years before trial) by the judge to be 100% at fault and entitled our client to 9% interest. The warehouse went out of business and there were no assets to go after so we settled the case after depositions for the entire insurance policy of $1,000,000.
