Personal Injury Lawyer Blog
The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)
CASE INFORMATION
FACTS/CONTENTIONS
According to court records: On June 28, 2002, in Elk Grove, California, defendant Jerry Curt failed to stop for a red light at a signal intersection and collided with plaintiffs Curt Flemmings and Ryan Walter’s vehicle. Both plaintiffs were rendered incompetent. Walter was the adult son of Reese Walter. Flemmings was the husband of Martha Flemmings.
Reese Walter was appointed the guardian ad litem for Ryan Walter and Martha Flemmings was appointed the guardian ad litem for Curt Flemmings.
ABC Towing & Storage were also named as defendants.
Plaintiffs alleged defendants were negligent in case.
Further, plaintiff Martha Flemmings filed a separate case, for loss of consortium. Following trial in the first case, plaintiffs sued Interstate Insurance in Sacramento Superior Court, for bad faith.
CLAIMED INJURIES
According to court records:
Plaintiff Flemmings: extensive internal injuries; head injury that has led to progressive dementia; chronic pain; multiple surgeries; diminished immune system. Plaintiff Walter: brain injury, rendering him permanently childlike in personality and behavior; 24/7 professional supervision.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CLAIMED DAMAGES
According to court records:
Plaintiff Walter: $17,993,085 life care plan.
Plaintiff Flemmings: $13,803,221 life care plan.
SETTLEMENT DISCUSSIONS
According to court records:
In April 2003 an arbitrator awarded plaintiff Walter $13,000,000 and plaintiff Curt Flemmings $3,500,000 in case. After the arbitration, Fireman’s Fund offered to settle with Walter and the Flemmingss for $5,000,000. At a bench trial in case in December 2004, Judge Sheldon awarded Walter $12,340,000 and Flemmings $10,000,000.
SUMMARY:
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $18,000,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.