Verdict Results in Full Policy Payment Plus Costs ($50,000)
Denise Fullerton secured a verdict in excess of available insurance proceeds in March 2006. The Plaintiff was a 42 year old woman who works at a retail store as a stocker.
On her way to work one evening, she was driving in the left lane of Highway 94 when another vehicle came onto the road from the left, from Highway 280. The other vehicle raced up alongside of her, and cut in front of her. Plaintiff, in an effort to avoid a collision with this vehicle, braked and veered her vehicle. She lost control, and struck the cement median and a light pole. The other vehicle left the scene, and was never identified. Plaintiff brought her claim against her insurance company for Uninsured Motorist benefits.
Plaintiff suffered a T12 compression fracture in her mid back, and damage to the disc above that fracture. Her doctor determined that the ongoing pain she continues to suffer on a daily basis is a result of the damaged disc, which will continue to degenerate as she ages. State Farm’s doctor even admitted that Plaintiff suffered a painful injury in this crash. Plaintiff switched to the day shift to have lighter duty work. As a result, she lost her overnight shift differential.
Her insurance company, State Farm Insurance, denied her claim by blaming her for the collision. They also doubted the severity of her injuries. The case was tried in Hennepin County. The jury awarded her $113,460.64 for the damages she suffered in this crash, and found the other vehicle was 70% at fault for cutting her off and forcing her to take evasive maneuvers. The best offer before trial was $4,000. Plaintiff collected the full $50,000 policy limits, plus costs and interest post trial.
