With only $15K insurance from liable party, insured makes UIM claim. $178K. Marin County.
Summary
Liable defendant in highway crash only has $15K insurance. Need for surgery is claimed.
The Case
- Case Name: Wallace v. California Capital Insurance Company
- Date of Verdict or Judgment: Thursday, May 27, 2021
- Date of Arbitration Award : Thursday, May 27, 2021
- Date Action was Filed: Wednesday, March 11, 2020
- Type of Case: Underinsured Motorist
- Judge or Arbitrator(s): Tad Shapiro
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Plaintiffs: George Wallace
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Defendants: California Capital Insurance Company
- Type of Result: Arbitration Award
The Result
- Gross Verdict or Award: $178,547.70
- Net Verdict or Award: $163,547.70 (gross verdict minus liable party's insurance policy limit of $15,000)
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Award as to each Defendant:
100% to CCIC
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Economic Damages:
Past medical expenses: $38,347.70
Past lost wages: $15,200
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Non-Economic Damages:
$125,000
- Trial or Arbitration Time: 2 days
The Attorneys
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Attorney for the Plaintiff:
Rush Injury Law by James D. Rush, Novato.
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Attorney for the Defendant:
Vogl Meredith Burke by David Streza, San Francisco.
The Experts
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Plaintiff’s Medical Expert(s):
Noah Weiss, M.D., orthopedic surgery.
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Defendant's Medical Expert(s):
John Missirian, M.D., orthopedic surgery.
Facts and Background
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Facts and Background:
On March 15, 2018, claimant was involved in an automobile crash on Highway 101 in Marin County.
The liable party's insurance paid the full policy limit of $15,000 and claimant made a claim against his own underinsured-motorist bodily-injury policy with respondent CCIC.
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Plaintiff's Contentions:
That the subject crash caused multiple injuries to his back, neck, shoulders, and knees.
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Defendant's Contentions:
Respondent contended that claimant had previous injuries, conditions, and did not report or treat for his injuries in a way that was consistent with his claims. Specifically, respondent argued that the plaintiff did not report any shoulder complaints until 2 1/2 months after the accident, after he had retained counsel.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Neck and back strain, knee contusions, torn meniscus, torn rotator cuffs in shoulders. Claimant had surgery to both shoulders, and claimed the need for future surgery to the left shoulder as well as the right knee.
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Lost wages in the amount of $15,200
Special Damages
- Special Damages Claimed - Past Medical: $38,347.79 (Per defense counsel, $133,503.60 from Kaiser and $4,085.00 from Johnson-West Chiropractic – Total $137,588.60)
- Special Damages Claimed - Future Medical: Per defense counsel, $51,000 for future surgery.
- Special Damages Claimed - Past Lost Earnings: $15,200.00 ($18,000 per defense counsel.)
Demands and Offers
- Plaintiff §998 Demand: $190,000 (Per defense counsel, demand increased to $235,000 following arbitration.)
- Defendant §998 Offer: $65,000 (Per defense counsel, offer increased to $110,000 following arbitration.)