TA (a minor child) v. LOCAL OFFICE SUPPLY COMPANY
EVENT:A driver of a local office supply company van rear-ended a vehicle at approximately 50 MPH, sending it across the median into oncoming traffic. This vehicle struck another vehicle occupied by a 5-year-old, properly restrained, boy and his family. The family's vehicle rolled approximately three times.
INJURY:: TA was taken to the Western Baptist Hospital and then airlifted to Kosair Children's Hospital in Louisville, Kentucky. TA had a disfiguring left hand injury with near amputation of the second finger, open fractures to the second and third fingers, and tendon injuries to the second and third fingers, requiring emergency surgery with skin grafting. A second surgery was required to reconstruct the left index finger and middle finger. This surgery included a toe-to-hand transfer, in which a second toe, amputated from the left foot, was attached to the left index finger to maintain length and appearance. A third surgery was required to remove wires from the index and middle fingers of the injured hand. These surgeries were followed intensive physical therapy rehabilitation. Unfortunately, this injury caused permanent disfiguration. However, this young boy is now leading an active, happy life.
SETTLEMENT:: The local office supply company did not deny liability. The case was resolved by mediation before litigation. The family accepted a $650,000.00 structured settlement for their son, which will provide him income for the remainder of his life.
CLARK v.LOCAL GROCERY STORE CHAIN
CALDWELL CIRCUIT COURT
EVENT:Clark entered a local grocery store to pick up her daughter's birthday cake. The store's employee was stocking the ice cream freezer. Liquid accumulated on the floor by the ice cream freezer. Instead of following company policy, the employee left the liquid accumulation unattended in search of a wet floor sign, a mop and bucket. Store policy required liquid accumulated on the floor to be attended at all times prior to clean up. Clark slipped on the unattended wet spot on the floor and was injured. The store's employee was disciplined for failure to follow company policy regarding spills.
INJURY:: Immediately after the fall, Clark experienced neck pain. Diagnostic testing (CT scan and MRI) revealed injury to the C6-C7 level of the spine with impingement of the left C7 nerve root. Clark was treated to no avail with medication, physical therapy, steroid injections and nerve block injections. After conservative treatment failed, Clark required surgical intervention in the form an anterior cervical discectomy with fusion and plating at C6-C7.
SETTLEMENT: $70,000.00 at mediation.
SAMPLES v. AIG INSURANCE; SAFECO INSURANCE UIM
EVENT:Samples was a restrained passenger in a vehicle traveling westbound on U.S. 62 towards Princeton, Kentucky when a deer entered the highway. The vehicle struck the deer. The airbags deployed but unfortunately Samples was injured.
INJURY:Samples was transported from the scene of the accident to Caldwell County Hospital. Samples was originally diagnosed with a cervical strain, but continued to have pain after the accident. An MRI of the cervical spine revealed spinal stenosis and disc herniation at C6. This injury caused pain, muscle spasms and numbness in the right arm. Samples was treated with conservative measures including physical therapy and medication, but these methods did not control her symptoms. Samples had to undergo surgery to remove the C6 vertebra and fuse C5-C7.
SETTLEMENT: Policy Limits
SULLIVAN v. SHELTER INSURANCE COMPANY
EVENT: Sullivan was a restrained passenger in a vehicle that lost control while rounding a curve, causing it to leave the roadway, hitting an embankment and overturning in a field. Sullivan was ejected from the vehicle when it overturned.
INJURY: Sullivan was transported to Jackson Purchase Medical Center, and then airlifted to Southeast Missouri Hospital for a back injury. Upon testing, Sullivan was found to have compression fractures of T12, L1 L2 and L3 with damage to spinal ligaments, and minimal disk bulges at L3-4, L4-5 and L5-S1. Sullivan underwent surgery to repair the injured vertebra.
SETTLEMENT: Policy Limit
CLARK v.A LOCAL BANK
EVENT: Clark tripped on an uneven curb at Union Planters Bank on 4th Street and Kentucky Avenue in Paducah, Kentucky.
INJURY: As she fell, Clark unsuccessfully tried to catch herself with her right arm. However, Clark twisted her back and fell on her left side. Clark sustained a back injury to the L4-L5 region of her spine. She was treated unsuccessfully with pain medication, physical therapy. She underwent back surgery in order to repair her injury. The surgery improved her condition, but unfortunately, Clark continued to have pain and necessitated the implementation of a pain management regimen to control her pain symptoms more effectively.
SETTLEMENT: $40,000 at mediation.
ROBERTS v. KENTUCKYFARM BUREAU INSURANCE
EVENT:While traveling in Paducah, Roberts was T-boned at approximately 35 MPH by a man who ran a red light.
INJURY:Roberts was diagnosed with a C4-5 disk herniation with some osteophytic formation and a reversal of her normal curve. Roberts was advised to undergo surgery before her injury became a permanent situation. Roberts underwent surgery to remove the C4-C5 herniated disc material and to fuse the vertebra with a metal plate. After the surgery, Roberts continued to experience pain and was unable to perform her duties as a nurse. She was given a 25 percent permanent partial impairment rating for her whole body as a result of the motor vehicle collision.
COLE v. A NATIONAL INSURANCE COMPANY
EVENT: After buying a new home and insuring it, various bad things happened to the residence that was covered in the Cole's insurance policy. However, the insurance company kept delaying and denying the claims. A lawsuit was filed in McCracken Circuit Court alleging the insurance company was acting in bad faith.
ADKINSON v. GEICO DIRECT INSURANCE; ALLSTATE INSURANCE UIM
EVENT: On a rainy day, Adkinson was traveling southbound when she observed a vehicle traveling in her lane headed northbound. Adkinson slowed to a complete stop but was unable to avoid the head-on collision.
INJURY: Following the collision, Adkinson experienced pain in her neck and back, as well as numbness and weakness in her upper extremities. Treatment included prescription medication and physical therapy. However Adkinson's pain increased. Further tests revealed a disc bulge at L4-L5 and spurring at C4-C5.
SETTLEMENT: Policy Limit; $40,000 UIM
COOPER v. A LOCAL CONSTRUCTION COMPANY
EVENT: Cooper was stopped in traffic waiting for the vehicle in front of her to turn left when she was rear-ended by a vehicle traveling at a high rate of speed.
INJURY: Cooper's neck was injured in the collision. An MRI revealed a small disc bulge in the cervical region. She was experienced pain in the neck and upper trapezius region, radiating into her upper extremities, making it difficult to perform her job as an insurance claim handler. She was treated with medication, physical therapy and trigger point injections. Cooper was given a 5 percent permanent partial impairment rating.