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David Glatthorn won a verdict of $1.4 million for a professional chef who underwent a two level cervical fusion, after being rear-ended by an underinsured dump truck. The client was a French-born American citizen, who had been trained as a professional chef in some of the finest restaurants in France.
He was rear-ended by a dump truck with no brake drums on the rear of the vehicle. This amazing fact was confirmed by the investigating police officer, who was a "shadetree mechanic."
As a result of the crash, Glatthorn's client suffered herniations at two levels of his neck. He tried all conservative methods, including epidural steroid injections, physical therapy, and other modalities, but was unable to continue to work, and was in a severe level of pain. Reluctantly, he underwent a two level cervical fusion of his neck, which prevented him from returning to work as a professional chef, which requires the ability to lift big pots.
There was a $300,000.00 policy of insurance on the dump truck, and the client had the foresight to purchase his own $250,000.00 policy of uninsured/underinsured motorist protection. Both carriers were given the opportunity to "tender" their limits after the surgery, but refused, claiming that the client had "pre-existing degenerative changes."
After suit was initiated, but sometime before the case could get to trial, the client was in such financial straits as to being at risk of losing his house. Glatthorn negotiated the tender of the $300,000 on the dump truck and proceeded to trial against the uninsured/underinsured motorist carrier.
The resulting verdict of $1.4 million was obviously many times in excess of the amount of insurance purchased. But because Glatthorn had filed a formal complaint with the Florida Department of Insurance alleging "bad faith" against the uninsured motorist carrier, the insurance company paid the entire amount of the verdict to avoid a second bad faith suit.
Awarded: 1.4 Million