Yarborough Applegate attorneys David Lail and William Applegate recently reached a $4 million settlement for a woman injured in a high speed collision on Highway 21 in York County, South Carolina. The driver of a work truck attempted to travel across a four-lane highway and pulled directly into the client’s path who was hospitalized for 5 months due to her severe injuries.
The defendants denied all responsibility for the crash and instead took the position that it was caused by the client’s own negligence, some third party, a sudden emergency, and that it was an unavoidable accident. “Within the first few minutes of deposition questioning early in the litigation, the Defendant driver admitted fault for causing the crash after he initially hesitated and tried to shift the blame to my client. However, his employer refused to accept any responsibility for the crash,” said Lail.
Instead, the excess insurance carrier hired a team of out-of-state lawyers from Weinberg Wheeler Hudgins Gunn & Dial’s Miami and Atlanta offices who focused solely on Plaintiff’s pre-existing medical conditions in their defense of the case. Specifically, the Defendants highlighted the fact that the Plaintiff had Post-Polio Syndrome, had fallen more than 30 times in the four years leading up to the crash, had more than 250 visits to a chiropractor in that same timeframe, had undergone two prior back surgeries and a neck surgery, and that she was already disabled before the wreck. To support their defense, the Defendants hired an expert doctor from Montana who opined that Plaintiff required future medical care because of the crash, but that she would have needed the care anyway because of her pre-existing conditions.
Disclaimer: Every case is unique, and prior results do not guarantee future outcomes.