Couple Injured by Drunken Driver on I-85 Reach $1.5M Settlement
Attorney Jimmy Rice secured the settlement from the at-fault driver's insurer, State Farm.
April 17, 2019 at 07:23 PM
3 minute read
A couple whose car was sent spinning into a median wall on Interstate 85 after being hit by a speeding drunk driver reached a $1.5 million policy-limit settlement with the at-fault driver's insurer, State Farm Insurance.
The man and woman each suffered back injuries, and the woman underwent shoulder surgery as well. Their combined medical bills totaled more than $325,000.
James A. Rice Jr. P.C. principal Jimmy Rice, who represented Rose Bates and Thomson Verghese, hailed the prompt settlement that followed his Feb. 4 demand letter.
“They were well-deserving clients, and State Farm did the right thing by protecting their insured,” Rice said.
A spokesman for State Farm said there would be no comment on the case.
According to Rice and his demand letter, Verghese was at the wheel of his Nissan Altima as he and Bates traveled down I-85 near Newnan at about 2 a.m. last April.
Traveling behind them in a Ford Explorer was Justin Stamey, 23, who was driving at speeds of over 100 miles per hour and drunk “to the point of near unconsciousness,” according to Rice's letter.
A witness said Stamey was weaving between lanes when he struck Verghese's car, knocking it across the highway and into the median wall.
Rice said investigators estimated Stamey was traveling at between 85 mph and 88 mph when he hit the couple's car.
Bates, 46, was taken by ambulance to Piedmont Hospital complaining of back, shoulder and neck pain and underwent a regimen of treatment that failed to relieve her pain. She underwent cervical radioablation treatment on four vertebrae and surgery on her shoulder joint and rotator cuff.
Verghese, 54, experienced headaches and increasing pain in his neck, back and wrist and was diagnosed with several bulging and herniated disks requiring laser disc decompression.
Stamey was charged with driving under the influence, reckless driving, speeding and driving without a seat belt, Rice said.
Rice said Stamey pleaded guilty to DUI in Coweta County and was sentenced to 10 days in jail.
Stamey's State Farm policy provided $250,000 per-person coverage and $1 million in excess liability coverage.
Rice demanded the full $1.5 million limit and provided the statutory minimum of 30 days to respond.
“This is not a case where State Farm can roll the dice and not use this opportunity to fully protect its insured,” the letter said.
The insurer agreed in March, and the settlement was finalized and executed the first week of April, Rice said.
“We're happy with it,” he said. “Given the circumstances, I don't think they had a lot of choices.”
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 AllTurning the Tables: Defense Litigators Embrace Lawsuits, Alleging Fraud at Plaintiffs Shops
6 minute readAfter 37 Years at Geico, 7 as CLO, Seth Ingall Takes Legal Post Elsewhere
2 minute readMcGuireWoods Adds 11 Attorneys From Boutique to Century City Insurance Recovery Team
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
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