Tennessee Injury Attorney Blog

Published on: October 26, 2012

Knoxville Injury Attorney Shares Autumn Accident Risks

When we turn the clocks back an hour Sunday Nov. 4, it will signal the final turn toward autumn and the deadliest two months of the year on our nation’s roads.

Our Knoxville injury lawyers note the nation is already dealing with an uptick in the number of fatal accidents after several years of decline attributed to the poor economy. The National Safety Council reports 21,560 motorists were killed through August this year — up 7 percent from the 20,200 deaths reported last year.

The number of fatal Tennessee traffic accidents increased more than 10 percent — to 693 this year, compared to 629 last year.

Common Factors in Autumn Traffic Accidents

Early Dark: The end of Daylight Savings Time often plunges the evening commute into darkness. This can increase the risk of all types of accidents, including bicycle and pedestrian crashes and those caused by drowsy driving.

Deer Accidents: Tennessee can expect more than 24,000 motorists to collide with a deer this year, according to the annual report released each fall by State Farm. The average motorist has a 1 in 183 chance of striking a deer in Tennessee, which ranks the state 29th. More than 1.2 million of these crashes occur annually and about 200 are fatal. Serious and fatal crashes involving deer typically result when a motorist loses control of the vehicle and drives off the road or into oncoming traffic. November is the deadliest month, followed by October and December.

Pedestrian Accidents: Back-to-school and early dark both increase the risks for pedestrian accidents. Parking lot accidents are also prevalent through the busy upcoming holiday shopping season. Elderly consumers and children are most at risk.

Drunk Driving Accidents: One-third of the nation’s traffic fatalities involve a driver under the influence of alcohol or drugs. That means about 2,000 people will be killed by a drunk driver through the last two months of the year. However, the real number is likely to be even higher, as pro and college football season and the trio of year-end holidays increase the number of drunk drivers on the road.

Aggressive Driving: Fewer than 60 shopping days left until Christmas! Stressed yet? We all face additional pressure through the holidays. How we handle it is a major determining factor in our risks of being involved in an accident. Speeding, disobeying traffic control devices, driving too fast for conditions and tailgating are all driving behaviors that increase risk. Give yourself a break this holiday season — and give the drivers around you a break.

Bad Weather: Now is the time to have your vehicle serviced. Check your tires, your battery and your fluid levels. Being prepared for inclement weather is the first step in reducing the risk of a serious or fatal accident.
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Published on: October 18, 2012

Tennessee Trucking Accidents & the Effort to Reduce Your Risks

By Mark Hartsoe

Congress recently passed a host of improvements aimed at reducing the risk of fatal tractor-trailer accidents in Tennessee and elsewhere. But much work remains to be done.

The $105 billion 2013-2014 transportation bill (MAP-21: Moving Ahead for Progress in the 21st Century Act), was signed by President Obama in July and is the first long-term highway authorization act passed since 2005.

Among the biggest improvements: The creation of a database for drug test results and the electronic logging of drive time. “These rules, along with the new drug and alcohol database, will go a long way towards reducing truck/car fatalities in America,” said Steve Owings, who founded RoadSafe America with his wife after their son was killed in an accident involving a commercial semi.

Trucking accident lawyers understand there are many other improvements that could be made to reduce the risks for millions of motorists who share the road with trucks.

Better Drug Testing: Even once a drug-testing database is up and running, a Congressional report indicates these federal tests are easily beat. Testing of hair (instead of urine) would drastically increase accountability. The other serious concern is medical exemptions for narcotic pain medication. There are safety concerns about allowing truckers to drive while using narcotic painkillers — even with a note from their doctor.

Collision Avoidance and Adaptive Cruise Control: Proven technologies, including speed-limiters, should be adapted to help improve safety.

Liability: Shippers and receivers must be held more accountable. The owner of freight has an obligation to ensure its safe transport. Entities hiring truckers to transport goods must be encouraged to put safety ahead of the cheapest transport option.

Trucker Health: The new law will establish a database of certified medical examiners. These doctors will be recognized by the USDOT as qualified to give annual trucker physicals. Under the current system, many drivers allegedly are paying unethical practitioners for the medical results they need to continue driving. However, there are a number of other serious health concerns — including sleep apnea — that need to be addressed by federal safety officials.

The Federal Motor Carrier Safety Administration was formed in 2000 with a primary mission of preventing commercial motor-vehicle related fatalities and injuries and continues to take steps to improve safety. This month, it announced that it was expanding its Pre-Employment Screening Program. While the system allows potential employers to access a driver’s immediate past history of accidents and inspections, it requires the driver’s written permission.

The system also cannot be used to check the status of current employees — only drivers under consideration for hire. Moving forward, regardless of who wins the election in November, there must be a renewed focus on the effort to pass some of these common-sense approaches meant to reduce the risk of Tennessee trucking accidents and serious and fatal commercial driving accidents nationwide.
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Published on: October 12, 2012

Tragic Tennessee Dog Attack Highlights Owner’s Residential Liability

By Mark Hartsoe

A 4-year-old Union County girl received more than 200 stitches and staples in her face after being attacked by the family’s coon hound.

The animal was a rescue dog the family took in several months ago. The animal has been given to the Union County Humane Society. Its fate is uncertain, although the family reportedly thinks it should be euthanized, rather than readopted. Meanwhile, according to news reports, the family is struggling to determine insurance coverage as doctors say the little girl will need months of treatment.

We are a nation of dog lovers. The Humane Society of the United States reports about 40 percent of U.S. households own 78.2 million dogs. Unfortunately, serious and fatal dog attacks are not uncommon. The Centers for Disease Control and Prevention reports 4.5 million people are bitten by a dog each year — or more than 12,000 dog bites per day!

Nearly 1 million victims a year seek emergency medical treatment and more than 30,000 are forced to undergo reconstructive surgery.

Tennessee dog bite law was updated by the legislature in 2007 and now establishes strict liability for dog owners only under certain circumstances. The Dianna Acklen Act of 2007, T.C.A. sec. 44-8-413, provides that dogs must be under reasonable control and not running at large. “A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.”

There is also no liability for injuries that occur on a dog-owner’s property unless the victim proves scienter, meaning that the dog owner knew or should have known of a dog’s dangerous propensities. The Insurance Information Institute reports more than 50 percent of dog bites occur on a dog owner’s property. Thus, under the new law, guests in a dog owner’s home may not be covered by his insurance, while strangers on the street enjoy full protection. Tennessee is unique in having passed such a “residential exclusion,” which is certain to undergo a battery of legal challenges as these cases make their way through the system.

As it stands now, a victim bitten on a dog owner’s property must prove the defendant owned the dog, the dog caused the injuries, and the owner knew or should have known the dog was dangerous. As we see in this case, the rescue dog responsible for the attack could well be “rescued” again by another unknowing family.

The truth of the matter is these cases frequently involve a pet known to the victim, whether a family member’s, neighbor’s or close family friend’s. And children are the most likely victim.

The risks increase as children begin spending more time inside with pets. End-of-year family gatherings and new pets invited into the family during the holidays also increase the risk. While adopting a dog, rescuing an animal or taking in a stray can be admirable alternatives to the pet store, none of these options are without risk. Choose a pet carefully. Supervise its interaction with the family and teach young children how to stay safe around dogs, whether the neighborhood pet or a stray on the street.
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Published on: October 5, 2012

Tennessee Supreme Court Rejects Emotional Distress Claim Against Uninsured Motorist Policy – Garrison v. Bickford

By Mark Hartsoe

When we purchase uninsured or underinsured (UM/UIM) motorist coverage, we expect our insurance company will be there in the event we are in an accident with a motorist who does not have car insurance or whose policy limits are not sufficient enough to cover the damages suffered.

However, personal injury lawyers understand recovering from your own insurance policy is often no easier than recovering damages from the at-fault driver’s insurance policy. When you make a claim, you and your insurance company are in adversarial roles. And, unfortunately, that frequently means you cannot count on being treated fairly without the help of an experienced law firm.

Tennessee law requires motorists carry a minimum of $25,000 personal injury coverage per person ($50,000 per accident) and $15,000 for property damage per accident. Unfortunately, even when a motorist carries legal minimums, this coverage is often inadequate in the event of an accident. Think of the cost of one new vehicle and compare that to the $15,000 in total coverage, and you begin to see our state minimums are woefully outdated.

That makes UM/UIM coverage even more important. And motorists should purchase as much coverage as they can reasonably afford. Frequently $250,000 in coverage is available for as little as $75 every six months. This coverage will be a critical resource in the event that you or a family member is involved in a serious or fatal accident.

Whether you have an experienced attorney in the aftermath of such an accident, and how a lawsuit is filed, will also have an impact on the outcome. In August, the Tennessee Supreme Court ruled in Garrison v. Bickford that the “bodily injury” clause of a motorist’s UM coverage did not include “emotional distress.”

In this case, Jerry and Martha Garrison sued the driver for wrongful death and negligent infliction of emotional distress after their son was struck and killed while riding a minibike near his home. They also served the lawsuit on State Farm, their own insurance company, under their uninsured motorist policy.

The trial court determined “bodily injury” included mental injuries. However, that decision was reversed by an appeals court and upheld by the state Supreme Court, which found “bodily injury” in this case, and under this policy, did not include “emotional harm.” The court also found the policy’s definition of “bodily injury” did not conflict with the state’s uninsured motorist statute.

The at-fault driver’s insurer paid $25,000 for wrongful death and $25,000 for emotional distress. The parent’s insurer paid $75,000 for wrongful death but refused to pay the emotional distress claim, taking the case all the way to the state’s high court, where it ultimately prevailed.

You’ll note the couple’s UM coverage paid more than the at-fault driver’s coverage. But it certainly wasn’t paid voluntarily by the couple’s insurer. Instead the family had to fight for it in the midst of dealing with this terrible tragedy.
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Published on: September 26, 2012

Tennessee Tractor-Trailer Accident Kills 2 in Road Construction Zone

By Mark Hartsoe

Two motorists were killed this week in a tragic accident involving a tractor-trailer, a highway patrol cruiser and a TDOT truck.

The accident in Bradley County occurred shortly before 3:30 a.m. Monday just north of the Charleston exit on 75. A road worker and the driver of the semi were killed.

Knoxville car accident lawyers understand that the fall season brings a confluence of risk to Tennessee and the Great Smoky Mountain Nation Park region. Road crews are racing to get work completed before cold weather; school buses are back on the road; leaf-peepers will fill lodges and cabins through the busy autumn tourist season; and even as it gets darker earlier we are feeling that autumn chill in the air that signals the beginning of cold winter weather.

Organizations like the National Safety Council are already reporting the number of serious and fatal accidents has increased nationwide with the economic recovery. Through July, more than 20,000 motorists were killed on the nation’s roads this year — up nearly eight percent from last year. Tennessee is not bucking the trend, unfortunately, and the last three months of the year are typically the most dangerous.

Interstate 75 was closed for more than eight hours after the crash. Authorities say a 53-year-old Grainger County man was driving a semi load of live chickens through a marked construction zone when he slammed into a truck from the Tennessee Department of Transportation. The truck driver and a 28-year-old construction worker from Ohio were killed. The trucks also struck a trooper’s cruiser, sending him to the hospital.

“They’re risking their lives every day just doing their jobs and it’s sobering,” Jennifer Flynn, a TDOT spokesperson, told NBC3 News in Chattanooga.

TDOT said it is trying to do as much work as possible either at night or during other off-peak hours. And safety advocates are reminding motorists to obey the state’s Move Over Law (T.C.A. 55-8-132).

-Motorists are required to move over and/or slow down when approaching a stopped emergency vehicle at the side of the road when emergency lights are activated. The law gives equal protection to recovery vehicles, highway maintenance vehicles and tow trucks.

-Violation is a Class B misdemeanor, which is a fairly serious charge punishable by up to 30 days in jail and a $500 fine.

-Motorists may also face substantial fines for speeding in a marked road construction zone.

Speeds through such projects are lowered to give drivers and road crews more time to react. One such project here in Knoxville is the widening of State Route 62/Western Avenue, which started in 2010 and is not slated for completion until 12/31/2013, according to the Tennessee Department of Transportation. Two lanes of traffic are being maintained (one in each direction) and the speed limit has been reduced to 40 mph. The Knoxville Police Department monitors traffic through the construction site.

The Centers for Disease Control and Prevention reports about 700 people are killed in highway construction zones each year. In 2008, a total of 11 people were killed in work-zone accidents in Tennessee.
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Published on: September 20, 2012

Tennessee School Bus Accident Injures 20

By Mark Hartsoe

A high school student was in critical condition after a Tennessee school bus accident injured 20. Authorities report the bus flipped three times on Mount Wesley Road in Washington County.

Knoxville personal injury lawyers understand autumn is the most dangerous time of year for school bus accidents. Bus drivers are new to the job or coming back after summer break. Motorists are often impatient when the slow, lumbering yellow buses reappear on our roads. Add to that the large number of children walking, riding bikes and taking the bus to and from school each day and the risks for accidents increase exponentially.

While most think the majority of busing accidents occur when traveling to and from school, the fact is a significant number of these accidents occur when a bus is traveling on a field trip, sporting event or other after-school activity.

In this case, the Tennessee Highway Patrol reports one of the bus’ tires slipped off the narrow shoulder of the road.

CNN reports the bus was carrying 67 passengers at the time of the crash, which was caused by the driver overcorrecting. Accident victims were taken to Johnson Medical Center, Holston Valley Medical Center and Franklin Woods Community Hospital. Two underwent surgery and were expected to recover, according to hospital staff.

Twelve patients were hospitalized overnight. Neck injuries, scalp lacerations and broken bones were among the injuries reported.

The Tennessee Department of Safety & Homeland Security reports nearly 10,000 school buses a day hit the roads in Tennessee. Public school districts are responsible for bus safety. Bus drivers with a school-bus endorsement must undergo a mandatory 4-hour safety-training session and buses must undergo two types of inspections — annual and follow-ups, which occur during the school year.

At the age of 12, buses must also undergo extended utilization inspections each summer. At age 17, a bus must be removed from service.

But the fact remains many school-bus accidents are pedestrian accidents that occur around a bus or near a bus stop — either when a school bus or a passenger vehicle strikes a student. It’s for this reason that Tennessee law requires all cars to stop for a bus displaying red flashing lights (unless traveling the opposite direction on the other side of a divided highway). This is your signal that the bus is loading or unloading passengers.

Motorists should remain vigilant in neighborhoods, especially during the early morning and afternoon hours. And parents should teach their child how to get to and from the bus stop safely. Clarksville Online reports children are most at risk of being hit when running to catch the bus.

Tennessee School Bus Safety Tips:

-Teach children to get to the bus stop on time and not to engage in horseplay. Students should wait at least 5 giant steps away from the curb.

-Teach your child to make eye contact with the bus driver and other motorists and make sure it’s safe to cross.

-Children should be taught never to attempt to retrieve an item dropped beneath the bus; notify the bus driver.

-Parents who believe a bus stop is located in a dangerous place should be proactive in contacting their school district.
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Published on: September 14, 2012

Tennessee ATV Safety: Fatal Campbell County Accident Highlights Autumn Risks

By Mark Hartsoe

A teenager from Campbell County was recently killed in an ATV accident. The 17-year-old LaFollette youth was thrown off of his ATV while riding along Doaks Creek Road. He was taken to the University of Tennessee Medical Center where he was later pronounced dead.

The driver of the ATV, a 16-year-old Speedwell teen, was heading eastbound on that roadway when he tried to make a U-turn. That’s when his passenger fell off of the vehicle, according to KnoxNews.

Our Knoxville accident lawyers understand that fall in Tennessee is prime time for enjoying the outdoors, and that includes riding four-wheelers and all-terrain vehicles. Please keep safety your top priority. There were close to 320 people who were killed in ATV accidents in the U.S. in 2010. Another 120,000 people were injured in these accidents. In Tennessee, more than 430 people died in ATV accidents from 1982 to 2010. About 100 of these fatalities were of child riders who were under the age of 16-years-old.

Tennessee State ATV Laws:

-Both riders and passengers who ride on three-wheeled ATVs are required to ride in specific state park riding areas.

– All riders must wear helmets and eye protection at all times.

– All four-wheeled ATVs are not allowed in any state parks.

– ATVs are not allowed to be driven on the state’s highways, except to cross the road.

– Each ATV is required to be titled with the owner receiving an identification device that shall be placed on the ATV.

Remember that manufacturers build different size ATVs for use by different age groups. You should always make sure that you’re driving an ATV that is designed for your size and experience level. You should also never let children ride an ATV without adult supervision.

Nationwide, children under the age of 16 account for close to 30 percent of all ATV accident fatalities. Over the last 10 years, the number of children killed in off-road vehicle accidents has increased by more than 85 percent.

These are costly accidents, too! According to the Consumer Product Safety Commission (CPSC), medical treatment for riders under the age of 16 total nearly $3 million each year.

Tips for ATV Riding:

– Consider taking a hands-on training course.

– Always wear your protective gear. Wear gloves, a helmet, long pants, goggles, boots, long-sleeved clothing and proper footwear.

– Never drive your ATV on a paved road. ATVs are difficult to handle on paved roadways. This also makes collisions with cars more likely.

– Never drive an ATV with a passenger. Most ATVs are only designed to carry one person.

– Never allow children to drive or ride without an adult. Kids who are under 16 who ride on an adult ATV are about twice as likely to be injured as those riding on a youth ATV.

– Never drive an ATV under the influence of alcohol or drugs.
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Published on: April 9, 2012

Knoxville Motorcycle Accident Attorneys: Watch for Riders, Enjoy the Weather!

By Mark Hartsoe

A recent sobriety checkpoint in Blount County netted a large number of citations given to motorcycle riders wearing non-compliant helmets.

The checkpoint on U.S. highway 129, resulted in 17 citations. Fifteen officers worked the checkpoint, which saw more than 200 vehicles in about two hours. As authorities work to reduce the risk of Tennessee drunk driving accidents, they found themselves monitoring the start of motorcycle riding season.

Knoxville motorcycle accident attorneys know May is motorcycle safety and awareness month. But that doesn’t mean thousands of riders aren’t already hit the streets following the unusually mild northern winter. Motorists are reminded to look twice and save a life as the spring and summer riding season gets under
way.

Eight riders at Saturday’s checkpoint were given citations for wearing non-compliant helmets, which means they were not approved by the Tennessee Department of Transportation. Helmetcheck.org is a resource riders can use to help ensure they are wearing an approved helmet; the DOT or Snell sticker should also be located on the inside or outside of the helmet.

The truth is that the vast majority of riders are safety conscious, and all too aware of the risks inherent in riding a motorcycle. The National Highway Traffic Safety Administration reports more than 4,000 riders a year are killed and nearly 100,000 are seriously injured in riding accidents.

About 100 riders a year are killed in motorcycle accidents in Tennessee.

And in more than half of all fatal accidents involving another vehicle, the driver of the other vehicle is at fault. Failure to yield and turning left in front of a rider is the most common cause of serious and fatal motorcycle accidents.

The Motorcycle Safety Foundation offers 10 Tips every car and truck driver should know about motorcycles:

-Look for motorcycles, particularly at intersections.

-A motorcycle’s size may mean it is closer than it appears. Speed can also be difficult to judge. When pulling into traffic, whether at an intersection or from a private drive, assume the rider is closer than he looks.

-Blind spots can hide motorcycles. So can obstacles like bushes, fences and parked cars. Take a moment to check thoroughly.

-A motorcycle’s small size makes it look fast; don’t assume a rider is speeding.

-Brake lights don’t always activate when a rider is slowing — bikes can be slowed by rolling out of the throttle and down shifting. Allow plenty of following distance.

-Turn signals on motorcycle’s don’t shut off on their own. Therefore they can be left on accidentally. Make sure of a rider’s intentions before proceeding.

-A motorcycle is entitled to it’s own lane of travel, and may move around in that lane to avoid debris, for better visibility or for other reasons. Don’t crowd a rider.

-While a motorcycle can be quite maneuverable, don’t expect a rider to be able to dodge out of the way.

-Motorcycles can be slow to stop, particularly on wet or slippery pavement.

-Think of a motorcycle in motion as a person.
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Published on: March 28, 2012

Mills v. Fulmarque Illustrates Time Limitations in Knoxville Injury Claims

By Mark Hartsoe

Timing is a critical component of all lawsuits. Federal and State statutes clearly and concisely designate specific time-frames for which pleadings and papers can be filed in order to be considered timely. Mills v. Fulmarque is an Tennessee personal injury case which arose when a man fell off of his chair and injured himself while in the workplace. The victim, Calvin Mills, then sued his employer as well as the seller of the faulty chair. Two years later, there was an attempt by one of the co-defendants to add the manufacturer to the litigation alleging comparative fault. The problem in the litigation arose because the statute of limitations had run and no other parties could be added to the litigation, thus leaving an at-fault party free from answering for their negligence.

The court in this case finally clarifies any possible ambiguity in Tennessee statute by holding that where a state statute states, “a cause of action for injuries to the person must commence within one (1) year after the cause of action,” additional parties cannot be added after the one year has run from the time of the original injury. Tenn. Code Ann. §28-3-104(a)(1)(2000). The court interpreted statutes to show that any statute of limitation extensions applied to the naming of new parties. This holding prevented Mills from seeking recovery from the manufacturer of the faulty office equipment. By failing to identify all potentially at- fault parties, the attorney denied Mills his opportunity to recover the injuries he sustained due to the negligence of others.

It is extremely important when involved in a lawsuit to have a Knoxville injury attorney who is well versed in the law and can file the appropriate filings within the allotted time. It is important to get it right the first time because if you do not, you can be limited in future recovery. In Mills, the attorneys did not exhaust their resources in investigating possible parties to their lawsuit and as a result, their client was not able to receive the justice he deserved. Had there been more time, the injured worker would have been able to seek remedies from all of the parties at fault. However, as in all litigation, there are strictly applied time limits for which you can file a claim. If no claim is filed, or if it is not filed against the proper parties, then you can lose your ability to sue and obtain the judgment you so rightly deserve. Lawsuits are complex and it is critical to have a well informed and meticulous advocate zealously representing your rights.

The allotting of fault and the choosing of parties is a strategic decision that is contingent on your specific state law. When determining negligence involved in an injury, you need to know how each state addresses fault and what possible defenses are available. States vary on which doctrines they follow, such as comparative negligence, contributory negligence or assumption of the risk. This is a concept that is not a central point in this case or decision, but is important for people to be aware of. This is yet another reason why you need help from a competent attorney to obtain the maximum recovery for you.
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Published on: March 20, 2012

Tennessee Trucking Accident Watch: Unfair Insurance Company Settlement Practices in Rhodes v. AIG

By Mark Hartsoe

When you are involved in a Tennessee trucking accident it is important to have an experienced personal injury attorney to guide you in the settlement and trial process. A veteran Knoxville injury attorney can help you identify the parties that are at fault or those who are acting negligently. And most importantly can help you deal with insurance companies focused on limiting your claim and protecting their bottom line.

Rhodes v. AIG is a case that illustrates the deceptive practices of insurance companies. The issue addressed here is how to manage damages where the defendant insurance company is engaged in willful and knowing unfair settlement practices.

Rhodes was the driver of a passenger vehicle when the defendant Carl Zalewski, who was negligently driving an eighteen wheel truck, hit plaintiff in the rear of her car. While Zalewski was driving this truck, he was acting within his job duties as a driver for Driver Logistic Services (DLS). DLS had their primary insurance with Zurich and their excess policy with National Union Fire Insurance Company (“National Union”). Their coverage was $2 million and $50 million respectively.

Excess insurance coverage is used by large companies to shield themselves from the risks and liabilities of these highly dangerous accidents involving trucks.

Upon the impact to the plaintiff’s vehicle, Rhodes suffered a fractured spine leading her to become paraplegic. Plaintiff spent several months in the hospital after spinal fusion surgery. She also suffered from several other health issues because of this injury to her spine.

Through this case it is seen how tragic the injuries can be in trucking accident cases. This plaintiff, who was not at fault, will spend the rest of her life in a wheelchair. Also, her family suffered and will continue to suffer greatly because of the injuries Rhodes sustained.

The court in this case was charged with interpreting their state statute in determining how to establish a punitive damages award in the instance where one party fails to promptly, fairly and equitably negotiate settlement with the plaintiff. The Georgia Statute does not require insurance companies to settle with plaintiffs, but what is required is that the insurance companies act promptly and reasonably when the negotiations are taking place.

In order to find the defendant’s guilty of this, the court said that the plaintiff had to prove that the breaching party willfully and knowingly participated in these unfair settlement practices. Plaintiff alleges that both of the insurance companies involved were participating in this behavior, which was therefore a violation of the statute at issue.

Five months after the plaintiff filed a lawsuit against the two insurance companies, plaintiff settled with National Union, the excess insurance carrier, through their claims administrators at AIG.

Although the plaintiff settled with one of the parties, the case continued to the superior court where the court heard the case. They found that the primary insurance company did not violate the statute because it did not infringe on the integrity of the settlement process. The court went on to explain that the issue of whether National Union or their claim administrators at AIG violated the statute was irrelevant because even if the plaintiff proved that those parties were engaging in this behavior, she would be barred from collecting damages from them two times.

What the court did explain was that the state statute that is controlling in deciding punitive damages associated with unfair settlement practices, awards damages where the plaintiff is able to prove that there is a link between their injuries and the unfair practices she is contending. If the plaintiff is able to prove this, the court held that the statute indicates the plaintiff’s award for punitive damages is two times the award plaintiff received in the original suit.

The application of the law to the facts in this case would have led the plaintiff to receive an exorbitant amount of money. Although the court was very sympathetic to plaintiff’s injuries, they do contend that they do not necessarily agree with doubling the original damages award as punishment for unfair settlement practices.

Rhodes is a case that warns the legislatures to make sure that the statutes that are used in determining damages, provide for an equitable award.

Had the attorney in this case warned her client not to settle, the client would have received an additional $22 million dollars.

You need the right attorney to help you navigate through all the law to get you the award you are entitled to.
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