This MVA occurred when our client’s insured pulled out in front of a Semi-Truck at an intersection controlled by a stop sign. Our client’s insured, a KS surgeon, was cited for failure to yield the ROW. The police report revealed a witness that we tracked down and obtained an Affidavit which stated the Semi was traveling through the intersection at an excessive speed. Since our client’s insured’s attorney declined 3rd party pursuit, and given our client’s significant workers compensation payments in excess of $1M, we made a subro claim against the Semi’s owner, that was denied by its insurer, which had minimal limits of $1M, relative to the $10M WC claim. We solicited the insured, (now a quadriplegic) and his wife to join as co-plaintiffs and we agreed upon a recovery contract (Apportionment Agreement) that was favorable to our client as the lead plaintiff. Our strategy was that in spite of the very difficult liability facts surrounding this case, the plaintiffs aggregate claims would create significant excess exposure for the trucking firm, resulting in pressure between the trucking firm and it’s carrier to settle for some amount within the insurance proceeds. We eventually settled for $300,000 which, given the challenging at-fault liability prospects, was a better than expected result.
by Nick Tesh
