A family of four was returning home late at night from a Penn State football game when an oncoming driver fell asleep at the wheel, crossed the center line and struck the side of our clients’ vehicle. Their injuries ranged from a back sprain to broken ribs to a broken heel. Total recovery for the family members was $258,000.00.
Our client was leaving work when she tripped on a small (3/4 inch) pavement discontinuity. Although such a small defect would not normally be actionable, this one was located at the top of a set of steps, and our client fell down the steps suffering facial injuries and a broken arm. The building owner’s insurer paid her $165,000.00.
Our client was shot in the leg by a member of his hunting party on the second day of deer season. The hunting partner admitted that his rifle discharged but claimed that his bullet could not have wounded our client. The bullet passed through the client’s leg and was not found by game commission officials on the day of the shooting. After being retained, we made arrangements to meet game commission officials at the site and found the bullet. Ballistic testing later proved that it came from the hunting partner’s rifle. His homeowners insurance carrier paid our client its $100,000.00 policy limit.
Our client was driving on a country road when an oncoming truck-tractor came around a curve, crossed the center line and struck our client’s vehicle on the driver’s side. Our client was taken the emergency room where neck x-rays, and a bone scan a short time later, showed no fractures. However, follow-up testing done about one month after the accident did show a neck fracture for which our client underwent surgery. The defendant truck driver’s insurer hired a doctor who testified that the negative x-rays and bone scan showed that if the client did indeed have a fracture, it did not occur at the time of the accident. On cross examination of the defendant truck driver’s doctor we were able to show that the client’s initial complaints at the emergency room were consistent with the location of the fracture later found, and that the client had an underlying condition which rendered invalid the results of the bone scan. The case settled for $225,000.00 after the deposition of the defendant driver’s doctor.