$1,150,000 SETTLEMENT - Truck Strikes Pedestrian - Multiple Fractures

We represented an attorney who was a pedestrian walking his dog on the sidewalk.  A pick-up truck traveled off the road and struck our client.  The truck was owned by the driver’s father. The driver was found to be under the influence of a controlled substance, ketamine. The plaintiff suffered a pneumothorax, fractures to both shoulder blades, displaced coracoid fracture, fractured ribs, fractured nasal bone, and a fractured C-7 transverse process.  While the initial injuries were severe, he made a very good recovery with the only long term problem being some minor problems with his shoulders.  His wife came to the scene shortly after the collision and made a claim for loss of consortium and bystander emotional distress.  The owner of the truck had a $2 million excess policy and that carrier took the position that there may be no coverage for our client’s injuries based on two policy exclusions under the policy: (1) that the injury was expected or intended because the driver was under the influence of ketamine, and (2) for a loss “arising out of” the use of a controlled substance. We explained why that excess carrier’s coverage position was wrong under these circumstances.   We also worked with a medical illustrator to show the severity of the initial injuries and these illustration were used at mediation.  The case settled for $1.15M shortly after the mediation.