Low UM Coverage Puts Big Dent in $1.2M Verdict
A. Joel Williams and B. Chase Elleby of Joel Williams Law in Kennesaw won a $1.2 million verdict for Maria Rosas. But the trial was about her $150,000 in uninsured and underinsured motorist coverage.
August 22, 2019 at 09:40 AM
3 minute read
A $1.2 million verdict in Clayton County State Court provides a cautionary tale of Atlanta freeway driving and underinsured motorist coverage.
Four years ago, according to the suit, housekeeper and grandmother Maria Rosas was driving in the far left lane on Interstate 285 when a white sedan merged too closely in front of a red tree service crane truck and clipped it, pushing both vehicles in her direction. She saw the tree truck and felt the impact. To this day, it's not exactly clear whether both vehicles hit her or only the white sedan. But she went to an emergency room for treatment of injuries that included nagging back problems. Though she turned down a recommendation for surgery, she still racked up $75,000 in medical bills. Her back pain remains about a 5 on a 1-to-10 scale, she testified at trial, according to her lawyers, A. Joel Williams and B. Chase Elleby of Joel Williams Law in Kennesaw. She said the pain makes it harder for her to work and pick up her grandchildren.
Her testimony was entirely in Spanish, with an interpreter translating her words for the jury. But she made a favorable impression, the lawyers said.
"I think the jurors saw her as a hardworking, honest person who was an innocent victim in this," Williams said.
Not everyone saw it that way. Her own insurance company, State Farm, fought her on her $150,000 in underinsured motorist coverage, effectively defending the driver who she claimed caused the crash: Joel Nelson.
Except under the law, the jurors were not allowed to know State Farm's role.
"It's almost like a falsehood that the law forces on the jury," Williams said. "The law will not allow us to mention insurance to the jury even though it's there."
Jason Green of Lynn Leonard & Associates represented Nelson and State Farm. Green could not be reached for comment.
In a summary prepared for the consolidated pretrial order, Green argued that Nelson was not at fault and that the damages could have been caused by something else.
The jury returned a $1.2 million verdict in favor of Rosas. But she won't be getting that.
The jury apportioned 60% of the fault to the tree truck driver, who had already paid a confidential settlement prior to the trial, Williams said. The remaining 40% of the fault went to Nelson. That would be a nearly half-million dollar tab. But because the trial was about the UM coverage, she can recover only $150,000—minus the $25,000 in coverage already paid from Nelson's liability policy, Williams said.
"In a large sense it's good, because she is finally going to be able to get the insurance benefits she paid for," Williams said, adding she also felt a degree of validation. "The sad part is there's just not enough insurance."
The case is Rosas v. Nelson, No. 2017CV00603C.
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 All'A 58-Year-Old Engine That Needs an Overhaul': Judge Wants Traffic Law Amended
3 minute readFulton Jury Returns Defense Verdict After Pedestrian Killed by MARTA Bus
8 minute read'The Best Strategy': $795K Resolution Reached in Federal COVID-Accommodation Dispute
8 minute readPopulation and Caseload Boom Birth New West Georgia Judicial Circuit
7 minute readTrending Stories
- 1Considering the Implications of the 2024 Presidential Election for Jurors in White Collar Cases
- 22024 in Review: Judges Met Out Punishments for Ex-Apple, FDIC, Moody's Legal Leaders
- 3What We Heard From Litigation Leaders in 2024
- 4Akin and Simpson Create New Practice Groups With Integrated Teams
- 5Thursday Newspaper
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