Pedestrian Collision Case Goes from $15K Offer to $3.35M Verdict
A fundamental safety rule learned by all drivers is to always be aware of your surroundings. This includes being on the lookout for pedestrians at all times, but especially in crosswalks when they have the right of way with a visible WALK sign. A doctor was crossing the street with the WALK sign when an SUV owned by a limousine company failed to yield and hit him on the upper left leg and hip. This act was caught on a security camera and clearly showed both the WALK sign proving the doctor had the right of way and the SUV failing to slow as it turned into the crosswalk and struck him. The doctor was rushed to his own hospital’s emergency department where he was diagnosed with a left intertrochanteric fracture and a displaced avulsion of the lesser trochanter. Rods and pins were used to rebuild his femur and hip joint, but he would never have the same mobility as before and would experience pain for the rest of his life.
The doctor retained Kahn Law Firm, LLP to represent him, and Ellis I. Kahn immediately went to work on the claim against the limo company’s insurance company, settling within their $1.5M limits. He moved onto the client’s own insurance company, Progressive Northern Insurance Co, and tried to collect on his $500K underinsured motorist policy…they turned around and offered no more than $15K, so Kahn Law Firm filed suit and went to trial. Under SC law, the plaintiff would need a verdict of over $1.5M to collect ANY of his UIM coverage, and at least $2M to collect the full $500K.
As part of their trial prep, Ellis I. Kahn and Wes B. Allison came to Focus Graphics to colorize the pre-op X-ray of their client’s injury. This inexpensive tool was a powerful weapon to enable the jury to understand what they are seeing on an X-ray. The plaintiff’s treating physicians and expert orthopedic surgeon testified that the graphics accurately depicted the injury, and they were able to use it to explain the injury to the jury, as well as why it caused permanent pain and impairment. Evidence showed that this permanent impairment would cause future lost wages in excess of $2M. Regardless, through almost three years of litigation, Progressive’s top offer, made the week before trial, was only $100K. After only 2.5 days of trial, however, the jury returned a verdict of $3,350,000 in favor of the plaintiff.
“We had a great experience with Focus Graphics. Their team delivered the first draft promptly, and worked with us to get the final version just right for the first de bene esse depositions of our treating doctor. The treating physicians and expert testified it was accurate and reliable. After the verdict, several jurors said the graphic was helpful to their understanding of the plaintiff’s injury.”
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