$1M Settles Suit for Man Rear-Ended by Alleged DUI Driver
A few months after turning down a $450,000 offer to settle claims arising from an accident caused by an allegedly drunk defendant, the insurer paid $1 million to resolve the case.
November 03, 2017 at 05:28 PM
3 minute read
A man who was rear-ended when he was stopped in traffic and slammed into the vehicle in front of him has settled his claim against the allegedly drunk driver who caused the wreck for $1 million.
According to the demand letter and attorney James Rice Jr., his client Mike Chang suffered multiple injuries to his back and elbow, and eventually required lumbar surgery for his spine. Chang accrued more than $107,000 in medical bills.
“We sent an initial demand for $900,000, and their top offer was $160,000, which we thought was low for a surgery case,” Rice said.
The defense was handled by Waldon Adelman Castilla Hiestand & Prout partner Trevor Hiestand, who said the case had been handled promptly and appropriately.
“This case quickly settled without lengthy litigation,” said Hiestand. “In fact, my client's insurer made the final decision to settle this matter within 60 days of our firm's receipt of the defense assignment.”
The accident happened at about 7 p.m. in March 2016 when Chang's Toyota Sequoia was stopped in traffic at an intersection near Perimeter Mall.
A Honda Accord driven by Courtney Yarbrough hit Chang's SUV and knocked him into the Toyota RAV4 in front of him.
According to the police report, Yarbrough's car sustained “extensive” damage, while Chang's was moderately damaged. The RAV4 was lightly damaged. Paramedics arrived and assessed all three drivers, but none were taken to the hospital.
Yarbrough was charged with driving under the influence, reckless driving, violation of the open container law and following too closely, the report said.
Chang, 48, experienced pain in his mid and lower back and elbow that radiated into his lower limbs, and sought medical treatment within 48 hours of the accident.
Chang, a truck-driver, did not want to take prescription pain medications, but over-the-counter medications failed to provide the necessary relief. Steroid injections helped temporarily, but the pain remained intense nine months after the accident, and he underwent lumbar surgery.
In April 2017, James Rice Jr. P.C. associate Kimberly McGowan sent the demand letter to Yarbrough's insurer, State Farm, which was declined.
Before suing, “we made a last-ditch effort to settle for $450,000,” said Rice.
In July, Chang's lawyers filed suit in DeKalb County State Court.
During discovery, Rice associate Andrew Brandt subpoenaed Department of Motor Vehicle records and discovered two more DUI arrests, and video footage of the sobriety tests.
“I think that expedited things,” Rice said. The case settled last month.
Rice credited McGowan and Brand for doing much of the legwork that allowed them to increase their “walk away number” from $450,000 to $1 million without ever taking a deposition.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCourt Advisory Committee Inches Forward on Transparency in Litigation Financing
Nashville DA Secretly Recorded Defense Lawyers, Other Office Visitors, Probe Finds
3 minute readJudge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule
Retired US Judge, Ethics Experts Ask 11th Circuit to Reassign Trump Classified Docs Case
Trending Stories
- 1$83M Verdict After $100K Demand Rejected in Henry County
- 2Samsung Flooded With Galaxy Product Patent Lawsuits in Texas Federal Court
- 3How Marsh McLennan's Small But Mighty Legal Innovation Team Builds Solutions That Bring Joy
- 4On the Move and After Hours: Brach Eichler; Cooper Levenson; Marshall Dennehey; Archer; Sills Cummis
- 5Review of Ex-parte orders by the Appellate Division
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250