$157,000 Settlemen For Vehicular Injury

VERDICTS
SETTLEMENTS
$157,000 SETTLEMENT FOR VEHICULAR INJURY

KLEIN v. JONES
$157,000 SETTLEMENT

Date of Settlement:        Third-party settlement:  May 2001; UIM settlement:  October 2002

Court Case and Number:    C.P. Delaware, No. 00-8848 (Third-party); C.P. Montgomery, No. 02-16364 (UIM)

Judge:                N/A

Type of Action:            Motor vehicle accident injury (Third-party claim and UIM action)

Injuries:            L5-S1 disc herniation with S1 radiculopathy

Plaintiff(s)’ Attorney(s):      Anthony J. Baratta, Baratta & Russell, Huntingdon Valley

Defense Attorney(s):        Jennifer L. Perlberger, Law Offices of Stephen P. Ahern, Philadelphia
                (Third-party claim); George A. Edel, Edel Horstmann Geller Wiley &
                Petro, Philadelphia (UIM action)

Plaintiff(s)’ Expert(s):        Barry Schnall, M.S., M.D., Jenkintown

Defendant(s)’ Expert(s):        N/A

Comments:

Joseph Klein, 40, filed a third-party claim and an underinsured motorist action following a motor vehicle accident May 12, 1999, in which Klein’s vehicle was rear-ended.  As a result of the accident, Klein suffered a herniated disc at L5-S1, a diagnosis that was uncontested.  Klein’s hobby of weightlifting was seriously compromised due to the lower back injury.

A settlement was reached with the third-party tortfeasor, which held a policy in the amount of $100,000, for $82,000.

In the UIM matter, Klein’s declaration page, although listing bodily injury protection in the amount of $100,000, showed underinsured motorist protection in the amount of $50,000.  However, after Klein’s counsel learned his underinsured motorist carrier, AAA Mid-Atlantic, did not have the appropriate “sign down” sheets with the plaintiff’s signature, the carrier agreed with plaintiff’s counsel that Klein was entitled to $100,000 in underinsured motorist protection.  The matter was resolved for $75,000.