RomanR/Shutterstock.com$368,700 Awarded to Motorist With Spinal Injuries
A motorist sought underinsured motorist coverage after policy limits were paid.
October 29, 2018 at 01:47 PM
2 minute read
MOTOR VEHICLE
PALM BEACH CIRCUIT COURT
A jury awarded $368,700 to a motorist for neck and mid-back injuries following a rear-end crash.
On July 6, 2016, Charleen McManus, then 66, was stopped at a red light on Okeechobee Boulevard in Royal Palm Beach when her car was struck from behind by Shan Frogel's truck. McManus claimed she suffered herniated cervical discs and thoracic compression fractures. Frogel's insurer tendered its $100,000 policy limit, and McManus sought further recovery from her own underinsured-motorist policy with Auto Owners Insurance Co.
The insurer disputed the value of the claim, alleging the thoracic fractures were not caused by the crash. After a reduction of setoffs, the insurer would have owed $258,700, but it agreed to settle with McManus post-trial.
Case: McManus v. Frogel
Case No.: 50-2017-CA-008584-XXXX-MB
Plaintiffs attorneys: Daniel D. Britto and William W. Price, William W. Price P.A., West Palm Beach
Defense attorneys: Thomas A. Berger and Nadine J. Foehl, Boyd & Jenerette, Boca Raton, and Laurie Primus, Sellars, Marion & Bachi, West Palm Beach
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