Stowers Demand Settles Case for Policy Limits in Auto-Pedestrian Collision
Drivers have a responsibility to be aware of their surroundings at all times. They must abide by the laws of the road and be alert at all times to potential hazards. In this case, only the driver, the defendant, could explain how she neglected to clear the intersection before proceeding from a stop sign to make a left turn because she had numerous opportunities to see the plaintiff in the crosswalk. She claimed the sun temporarily blinded her, but the sun would not have been in her face until she had almost completed her turn, giving her plenty of time to see the plaintiff prior to impact. Sydney Meriwether Womack came to Focus Graphics to colorize the x-rays for depositions and trial after mediation was unsuccessful. Ms. Womack knew that preparing graphics in advance of trial would help her case with the defense, and having the doctors review them during depos would add credibility. We recommended colorizations of both pre- and post-surgery x-rays of the ankle as well as the shoulder, and an injury summary which would overlay the injuries onto an image of her client. Ms. Womack had also done multiple focus groups for the case which, even in conservative Texas, showed that potential jurors found the defendant 100% at fault and would award anywhere from $1M-$5M. A week before trial, Ms. Womack sent a final Stowers demand to all decision-makers for policy limits and the insurance company finally decided to settle.
“I had worked with Focus Graphics multiple times and knew the quality of their work, so I immediately reached out to Seton once mediation was unsuccessful. The injury graphics were powerful and were used during defense and plaintiff doctor depos. Both doctors helped us get the graphics admitted. We had been fighting for the insurance company to recognize the permanency of my client’s injuries for many years. On the eve of trial, they finally tendered the 6-figure full underlying policy limits. This was a great result in a conservative west Texas town where juries have not awarded 7-figure verdicts, especially against individual defendants. I will continue to use Focus Graphics, and recommend others do the same if they need that edge.”
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